Judgment No. 655
Decision
THE COMPLAINT IS DISMISSED.
Consideration 7
Extract:
The claim "is for performance by the ilo of its obligations under the Staff Regulations and under the rules of equity and natural justice. The formulation of such obligations is too vague and general for their performance to be subject to judicial review. The claim is irreceivable."
Keywords
vague claim; receivability of the complaint; organisation's duties
Consideration 11
Extract:
The letter in question, unlike the other letters is headed: "An appeal for [...]"; it is addressed to the Director-General (unlike the others) and it concludes with three claims that are much the same as those before the Tribunal. "It is therefore beyond doubt that [this] letter [...] is the only one to qualify, in form and content, as a [...] 'complaint'". (It is, however, time-barred.)
Keywords
receivability of the complaint; formal requirements; internal appeal
Consideration 4
Extract:
"The general rule is that a claim put forward in the rejoinder will be receivable only if it comes within the ambit of the claims in the complaint."
Keywords
new claim; receivability of the complaint; rejoinder
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
locus standi; competence of tribunal; non official
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