Judgment No. 1520
THE COMPLAINTS AND THE APPLICATIONS TO INTERVENE ARE DISMISSED.
The Organization objects "that the complainants are just acting as a front for the Staff Association and fall foul of the precedents that declare complaints by such associations to be irreceivable: see for example Judgment 911. [The Tribunal finds that] the complainants have filed complaints in their own name and are quite free to claim rights as officials of the WTO by the means at their disposal."
Jugement(s) TAOIT: 911
locus standi; receivability of the complaint; competence of tribunal; case law; staff union; staff representative
"The general decisions which the Assembly and Executive Council of the WTO took and which came into effect as announced in the circular affect the complainants' right to legal status in line with the common system, particularly as to the amounts of end-of-service entitlements, notice of dismissal and the general rules on retirement pensions. None of those provisions - some of which have indeed been dropped - directly infringes any of the rights that the complainants are asserting. They may, if they so wish, properly challenge any individual decision that applies to the provisions. Insofar as they are challenging the circular their complaints are therefore irreceivable."
general decision; individual decision; receivability of the complaint; cause of action; rule of another organisation; coordinated organisations; staff regulations and rules; amendment to the rules; terms of appointment
The complainants are challenging a "decision refusing their claim to a promise from the Organization to preserve the rights they had under the old Staff Regulations and Rules. Any decisions that may be taken to give effect to the general rules will be challengeable provided that there is some actual dispute for the Tribunal to rule on. Here there is none. The complainants cite no individual decision that causes them injury. They may not contrive such dispute by seeking promises from the Organization."
complaint; general decision; individual decision; receivability of the complaint; cause of action; no cause of action; staff regulations and rules; amendment to the rules