Judgment No. 4581
The complaint is dismissed.
The complainant challenges the amount paid to him by way of a termination indemnity.
confirmatory decision; receivability of the complaint; competence of tribunal; ratione temporis; complaint dismissed
The complainant has requested oral proceedings. However, the submissions and evidence produced by the parties are sufficient to enable the Tribunal to resolve the issues raised in this case. Accordingly, the request for oral proceedings is rejected.
The ICCO submits that as relations between the parties began and ended before the ICCO had recognized the Tribunalís jurisdiction, the Tribunal is not competent to hear this case. It is noteworthy that it was on 20 August 2019 that the Executive Director of the ICCO sent a request for recognition of the jurisdiction of the Tribunal to the Director-General of the International Labour Office. At its 337th Session, the ILOís Governing Body approved that recognition with effect from 30 October 2019.
Under Article II, paragraph 5, of its Statute, the Tribunal may hear a complaint only when the international organization concerned has addressed a declaration recognizing the Tribunalís jurisdiction to the ILOís Director-General and that declaration has been approved by the ILOís Governing Body. Inasmuch as the ICCO had recognized the Tribunalís jurisdiction at the time when the complainant filed his complaint on 10 December 2019, the Tribunal is competent to hear it pursuant to Article II, paragraph 5, of the Tribunalís Statute.
confirmatory decision; receivability of the complaint; competence of tribunal; ratione temporis