ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword

Non official (705, 59, 684, 698, 706, 889,-666)

You searched for:
Keywords: Non official
Total judgments found: 37

< previous | 1, 2



  • Judgment 2503


    100th Session, 2006
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The evidence on file shows that the complainant was never an official of Eurocontrol, and the only contracts he has produced are temporary contracts signed with a temporary employment agency [which supplied him to the defendant] and governed by French law. According to Article II of its Statute, the Tribunal is competent to hear complaints alleging non-observance of the terms of appointment of officials or such provisions of the Staff Regulations as are applicable to their case. Since the complainant is not an official of Eurocontrol, and cannot produce any employment contract signed with the latter, it follows, as the Agency rightly contends, that the Tribunal does not have jurisdiction over this dispute."

    Reference(s)

    ILOAT reference: Article II of the Statute

    Keywords:

    competence of tribunal; complainant; contract; domestic law; iloat statute; locus standi; non official; official; receivability of the complaint; status of complainant; successive contracts;



  • Judgment 1964


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "It is within the competence of the Tribunal to determine whether or not there is a contract of appointment by which the parties are bound and which would entitle the official covered by the contract to the rights enjoyed by the officials of an organisation that has recognised the Tribunal's jurisdiction. However, in the material case, the [organisation's] agreement to appoint the complainant was subject to the fulfilment of a condition which cannot be said to be a mere formality, namely, recognition that he was physically fit enough to discharge his functions. [...] Consequently, the complainant, who has never been an employee of the [organisation], is raising a matter which is not within the scope of the Tribunal's competence."

    Keywords:

    appointment; competence of tribunal; complainant; complaint; condition; contract; locus standi; medical examination; non official; offer; offer withdrawn; official; receivability of the complaint; status of complainant; tribunal;



  • Judgment 1509


    81st Session, 1996
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "The fact that UNIDO was administering the [joint UN and UNIDO service in which the complainant was working] made neither the complainant one of its officials nor the organization a party to the contract of employment. According to his letters of appointment the complainant was subject to the Staff Regulations and Staff Rules of the United Nations, not of UNIDO. And even if in administering the service UNIDO did apply its own Staff Regulations to the complainant he did not on that account become a member of its staff. So any complaint by him that UNDO failed to apply, or misapplied, its Staff Regulations to him is not within the Tribunal's competence."

    Reference(s)

    ILOAT reference: ARTICLE 11 OF THE STATUTE

    Keywords:

    applicable law; competence of tribunal; contract; iloat statute; locus standi; non official; official; rule of another organisation; staff regulations and rules; status of complainant;



  • Judgment 1337


    77th Session, 1994
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The special service agreement that the complainant signed stated that it was between him and the United Nations. The fact that it provided for services to [subsidiary bodies of the FAO] does not make either of those bodies or the FAO itself a party to the contract or liable thereunder. The conclusion is that the Tribunal is not competent to hear the case."

    Keywords:

    competence of tribunal; contract; coordinated organisations; non official; organisation; unat;



  • Judgment 1302


    76th Session, 1994
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant submits but the organisation denies that he had the status of an ESO official. "The fact of the matter is that [a private company] employed him on its own behalf, not as an agent of the ESO. Since he is wrong in contending that the ESO was his employer the Tribunal is not competent to entertain his complaint, and it must fail."

    Keywords:

    competence of tribunal; complaint; locus standi; non official; official; receivability of the complaint; status of complainant;



  • Judgment 1285


    75th Session, 1993
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8-9

    Extract:

    The World Food Program is "a joint endeavour of the United Nations and the FAO. Although in some circumstances an agreement signed by the WFP might have bound the organization, in this case every special service agreement that the complainant signed stated that it was between him and the United Nations. [...] The conclusion is that the Tribunal is not competent to hear the case."

    Keywords:

    competence of tribunal; contract; coordinated organisations; non official; organisation; unat;



  • Judgment 1260


    75th Session, 1993
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant wants the Tribunal to order the removal of a mention in his file after he turned down the offer of a post which allegedly puts an "obstacle" on his name to get jobs from the organization. The organization contends that it has not had any contractual ties with the complainant since a short contract it gave him some time ago, and it points out that his present claims have no bearing on that contract. "The Tribunal's competence is restricted under Article II(5) of its Statute to hearing complaints alleging the non-observance, in substance or in form, of the terms of appointment of an official or of provisions of the organisation's Staff Regulations. The complaint fails because the Tribunal lacks competence to entertain it."

    Reference(s)

    ILOAT reference: ARTICLE II(5) OF THE STATUTE

    Keywords:

    competence of tribunal; complaint; contract; iloat statute; locus standi; non official; personal file; receivability of the complaint; staff regulations and rules;



  • Judgment 1033


    69th Session, 1990
    International Union for the Protection of New Varieties of Plants
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    Under Article 24 of the Paris Convention of 1961, as amended, UPOV has legal personality of its own and the administrative arrangements provided for in its Agreement with WIPO do not impair its distinct identity. The reasons why the complainant may not appeal are that even though the WIPO Staff Regulations and Staff Rules apply to him as an employee of UPOV he is not an official of WIPO, and the organisation that does employ him has not recognised the Tribunal's jurisdiction under Article II(5).

    Keywords:

    non official;



  • Judgment 655


    55th Session, 1985
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    In accordance with Article II of its Statute, "the Tribunal may not hear a claim to compensation for an accident which occurred while the complainant was with the United Nations."

    Reference(s)

    ILOAT reference: ARTICLE II OF THE STATUTE

    Keywords:

    competence of tribunal; locus standi; non official;



  • Judgment 449


    46th Session, 1981
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complaint was filed against an organisation which has recognised the Tribunal's jurisdiction but never employed the complainant as a member of its staff. Nor does the complainant allege having acceded to any of the rights of one of its officials. The complaint is summarily dismissed.

    Keywords:

    locus standi; non official; ratione personae; status of complainant; summary procedure;



  • Judgment 433


    45th Session, 1980
    Latin American Institute for Educational Communication
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The Institute which formerly employed the complainant was founded with support from UNESCO. It does not recognise the jurisdiction of the Tribunal. The Institute cannot thus be considered part of UNESCO, which has done no more than lend it financial support and co-operation in its work. The Tribunal will not hear any complaint filed against the Institute. The complaint is likewise irreceivable insofar as it is brought against UNESCO.

    Keywords:

    competence of tribunal; non official; vested competence;



  • Judgment 231


    32nd Session, 1974
    General Agreement on Tariffs and Trade
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant was seconded by NORAD to GATT, an organisation which has recognised the competence of the Tribunal. He did not conclude a contract of appointment with GATT and was not subject to its Staff Regulations. His contract merely stated that he was subject to the latter organisation's working conditions.

    Keywords:

    competence of tribunal; consequence; contract; locus standi; non official; right of appeal; secondment; staff regulations and rules; status of complainant;



  • Judgment 171


    25th Session, 1970
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complaint, filed by a former official of IAEA and FAO, is directed against the ILO, an organisation in which he has never served. "Such a complaint is not one which the Administrative Tribunal is competent to hear under the provisions of article ii of its sSatute."

    Reference(s)

    ILOAT reference: ARTICLE II OF THE STATUTE

    Keywords:

    competence of tribunal; locus standi; non official; receivability of the complaint; status of complainant;



  • Judgment 117


    19th Session, 1968
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    If the signatory to the contract of employment had authority from the organization, the complainant could be held to be employed by the organization. "Authority is a clear and precise legal conception and if it cannot be found to exist it is not permissible to take refuge in imprecise expressions, such as that the credit union [which employs the complainant] was a body "within the framework of [the organization]". Accordingly, the complainant not being employed by [the organization], and so not one of its staff members, the Tribunal lacks jurisdiction".

    Keywords:

    competence of tribunal; contract; delegated authority; locus standi; non official; receivability of the complaint; right of appeal; status of complainant;



  • Judgment 75


    12th Session, 1964
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant's status must be regarded as purely contractual. "It is of little account that the [...] contract describes the complainant as a medical officer. This title relates solely to the nature of the work to be performed by the complainant, but does not affect his legal status. On the contrary, his legal status is defined [in the contract] which stipulates that "the present contract does not confer upon the holder the title of official of the [...] organization." [The Tribunal is not competent].

    Keywords:

    competence of tribunal; contract; locus standi; non official; receivability of the complaint; right of appeal; status of complainant;



  • Judgment 68


    12th Session, 1964
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The complainant does not supply any shred of proof of the existence of the contract of employment which he alleges was concluded verbally between him and [the organization]." The Co-ordination Committee for International Voluntary Work Camps is a non-governmental organization and is not a service of [the organization]. Neither the fact of maintaining consultative relations with the organization nor the fact of executing tasks and of submitting reports in return for a fee paid by the organization has the effect of conferring on the agents of the Committee the status of employees of the organization. The complaint is irreceivable.

    Keywords:

    burden of proof; competence of tribunal; contract; evidence; lack of evidence; locus standi; non official; receivability of the complaint; right of appeal; status of complainant;



  • Judgment 46


    8th Session, 1960
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant, "who is neither an official nor a former official of [the organization] and whose wife, a former official of the organization, is not deceased, is not qualified to institute proceedings before the Tribunal" under the terms of [Article II, paragraph 6, of the Statute of the Tribunal].

    Reference(s)

    ILOAT reference: ARTICLE II, PARAGRAPH 6, OF THE STATUTE

    Keywords:

    competence of tribunal; locus standi; non official; ratione personae; status of complainant; successor;

< previous | 1, 2


 
Last updated: 23.11.2020 ^ top