Ratione temporis (700,-666)
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Keywords: Ratione temporis
Total judgments found: 1
128th Session, 2019
Technical Centre for Agricultural and Rural Cooperation
Full Judgment Text: EN,
Summary: The complainant challenges the decision of the CTA to reject his proposal to negotiate an agreed termination of his employment contract.
Considerations 2, 3, 4
The CTA, which withdrew its recognition of the Tribunalís jurisdiction by a decision of its Executive Board of 23 March 2018 that was notified to the Director-General of the ILO by a letter of the same date, submits that the Tribunal is therefore not competent to rule on the present complaint. According to the CTA, which had at the same time provided that disputes between itself and its staff members would henceforth be resolved by a new tribunal established at the CTA, its withdrawal from the Tribunalís jurisdiction took immediate effect and therefore precludes the Tribunal from considering the aforementioned complaint, registered on 13 August 2018, since it was filed subsequent to the withdrawal.
However, as under Article II, paragraph 5, of the Statute of the Tribunal the recognition by an international organization of the jurisdiction of the Tribunal is subject to the approval of the Governing Body of the ILO, the principle of parallelism of form requires that the withdrawal of recognition of jurisdiction should also be subject, before taking effect, to a discussion by the same body. As the Tribunal has previously found, it can only be bound, when an organization decides to withdraw from its jurisdiction, when it has been notified of the ILO Governing Bodyís deliberations taking note of such a decision (see Judgment 1043, consideration 3).
In the present case, it was only on 30 October 2018 that the ILO Governing Body considered the withdrawal by the CTA of its recognition of the Tribunalís jurisdiction.
ILOAT reference: Article II, paragraph 5, of the Statute
ILOAT Judgment(s): 1043
competence of tribunal; ratione temporis; receivability of the complaint;