Judgment No. 3049
The complaint is dismissed.
The Tribunal's jurisdiction does not extend to complaints filed by individuals who do not have the status of an official in the defendant organisations.
"The Tribunal clearly has no jurisdiction to hear this complaint. Pursuant to Article II, paragraph 5, of its Statute, '[t]he Tribunal shall [...] be competent to hear complaints alleging non-observance, in substance or in form, of the terms of appointment of officials and of provisions of the Staff Regulations of any [...] international organization meeting the standards set out in the Annex hereto which has addressed to the Director-General a declaration recognizing, in accordance with its Constitution or internal administrative rules, the jurisdiction of the Tribunal'. As the complainant cannot be considered as an official of [the Organization] and is not covered by [the latter's] Staff Regulations and Staff Rules, in particular the provisions governing the internal appeal process, she has no access to this Tribunal."
ILOAT reference: Article II, paragraph 5, of the Statute
status of complainant; competence; competence of tribunal; iloat; iloat statute; staff regulations and rules; non official