Judgment No. 1105

• Organization: United Nations Educational, Scientific and Cultural Organization (UNESCO)
• Date: 03.07.1991
• Original: English
• Judges: Ducoux, Carroll, Ruda
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 2

Extract:

"The complainant is objecting to a decision based on a statement allegedly made by the Director-General about the circumstances of his departure from UNESCO. The Tribunal is competent ratione personae: under Article II(6) of its Statute it is open to former officials of UNESCO." But it is not competent ratione materiae under II(5) inasmuch as he is not alleging non-observance of the terms of his appointment or provisions of the Staff Regulations. "He must show not just some connection with the terms of his appointment but also 'non-observance' of them."

Reference(s)

ILOAT reference: ARTICLE II(5) AND (6) OF THE STATUTE

Keywords

competence of tribunal; iloat statute; contract; separation from service; condition