Judgment No. 4325
The complaint is dismissed.
The complainant impugns a decision that was taken when the ICCO had not yet recognised the Tribunal’s jurisdiction.
competence of tribunal; summary procedure; late filing; complaint dismissed
Under Article II, paragraph 5, of its Statute, the Tribunal may hear a complaint only when the international organisation concerned has addressed a declaration recognising the Tribunal’s jurisdiction to the ILO’s Director-General and that declaration has been approved by the ILO’s Governing Body. Although, as stated in consideration 2 above, these requirements have been met in this case, the decision impugned by the complainant was taken when the ICCO had not yet recognised the Tribunal’s jurisdiction, which, moreover, it did not do until well after the expiry of the “ninety days after the complainant was notified of the decision impugned” in which complaints must be filed pursuant to Article VII, paragraph 2, of the Statute of the Tribunal.
competence of tribunal; late filing