Judgment No. 3550
The complaint is dismissed.
As the complainant is not an official of the Organization, the complaint is summarily dismissed.
status of complainant; summary procedure; complaint dismissed
It is unnecessary to consider the arguments put forward by the complainant in support of these claims, as the Tribunal clearly has no jurisdiction to hear this case. 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 [to the Statute] which has addressed to the Director-General [of the ILO] 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 and is not covered by the provisions of the UNESCO’s Staff Regulations and Staff Rules, she has no access to this Tribunal (see Judgments 2017, under 2(a), and 3049, under 4).
ILOAT reference: Article II, paragraph 5, of the Statute
Jugement(s) TAOIT: 2017
staff regulations and rules