Judgment No. 3115
The complaint is dismissed.
The complainant alleges that senior officials misappropriated funds to the detriment of poor countries. "However, in raising that allegation before the Tribunal, she overlooks the fact that the competence of the Tribunal is clearly and exhaustively defined in Article II of its Statute, from which it follows that the Tribunal cannot interfere either with the policies of the international organisations which have recognised its competence, or with the workings of their administrations, unless a violation of the rights of a staff member is in issue. International civil servants seeking to file a complaint with the Tribunal must show that the decisions they are challenging are such as to affect personal interests of theirs which are protected by the rights and safeguards deriving from the applicable Staff Regulations and Rules, or from the terms of their appointments."
ILOAT reference: Article II of the Statute
complaint; competence of tribunal; vested competence; exception; staff member's interest; written rule; iloat statute; staff regulations and rules; breach; provision; contract; staff member's duties; supervisor; organisation's reputation; condition; right; safeguard; official
competence of tribunal; complaint dismissed
By virtue of the principle of good faith, an international organisation which has given a promise to one of its officials must keep that promise, provided it is a substantive one, i.e. an undertaking to act or not to act or to allow action, that it emanates from a person who is competent or deemed to be competent to make it, that the breach of the promise causes injury to the person who relies on it, and that the position in law has not altered between the date of the promise and the date on which fulfilment is due (see Judgments 782, under 1, and 3005, under 12).
Jugement(s) TAOIT: 782, 3005
good faith; promise