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Judgment No. 1399

Decision

THE COMPLAINT IS DISMISSED.

Consideration 7

Extract:

"The first [question] is whether the complainant may come to the Tribunal if he is no longer on the staff of CERN and that is the reason why the Director-General has declined to entertain his internal appeal. There need be no doubt about the answer. [...] The Tribunal is open to any official, 'even' - as Article II (6)(a) of the Statute puts it - 'if his employment has ceased', who lodges a complaint alleging non-observance of the terms of his contract or of the rules that apply to him."

Reference(s)

ILOAT reference: ARTICLE II (6)(A) OF THE STATUTE

Keywords

locus standi; status of complainant; receivability of the complaint; competence of tribunal; iloat statute; former official; ratione personae; ratione materiae

Consideration 8

Extract:

"As the Tribunal acknowledged in Judgment 885, an organisation may find it awkward in all sorts of ways to defend its case when a complainant is stubbornly bent on indiscriminate exercise of the right of appeal. But the issues the present complainant has raised are not such that the Tribunal sees his complaint as any abuse of his right of appeal. That right is a safeguard for organisation and staff alike and the exercise of it is to be denied only in extreme and quite exceptional cases."

Reference(s)

Jugement(s) TAOIT: 885

Keywords

right of appeal; vexatious complaint; staff member's interest; organisation's interest; safeguard

Consideration 10

Extract:

"Inasmuch as Rule VI 1.01 [of the Staff Regulations] confers the right of appeal on 'every member of the personnel' it may be that someone does forfeit that right on leaving the organization and so ceasing to be a staff member provided that the issues they are objecting to or the decisions they are challenging did not occur before they left. There is no danger thereby of any miscarriage of justice since [...] a former official who alleges breach of contract or of the rules he was subject to may still come to the Tribunal."

Reference(s)

Organization rules reference: CERN STAFF REGULATION VI 1.01

Keywords

locus standi; status of complainant; internal appeal; competence of tribunal; right of appeal; staff regulations and rules; former official; ratione personae

Consideration 13

Extract:

"CERN's refusal to produce minutes of meetings of the Joint Advisory Appeals Board in no way impaired [the complainant's] interests insofar as the hearings were recorded on tape to which [the organization] has expressly allowed him access from the outset. [...] Even though such practice is not in line with Regulation R VI 1.09 the omission is not in the circumstances a serious one."

Reference(s)

Organization rules reference: CERN REGULATION R VI 1.09

Keywords

procedure before the tribunal; cause of action; internal appeals body; internal appeal; practice; staff regulations and rules; flaw; consequence



 
Dernière mise à jour: 01.07.2020 ^ haut