Judgment No. 4733
Decision
The complaint is dismissed.
Summary
The complainant, who was serving on a National Project Personnel contract with the FAO Representation in Malawi, contends that the FAO breached his right to due process and disregarded its own rules and regulations, and that he was subject to unequal treatment.
Judgment keywords
Keywords
competence; summary procedure; ratione personae; non official; complaint dismissed
Considerations 3-4
Extract:
Pursuant to Article II, paragraph 5, of its Statute, “[t]he Tribunal shall [...] be competent to hear complaints alleging non-observance, in substance or in form, of the terms of appointment of officials”. The Tribunal is therefore not competent to hear complaints filed by individuals who do not have the status of an official of an organization recognizing its jurisdiction (see Judgment 3049, consideration 4).
In his complaint, the complainant provides a copy of his NPP contract, which included general conditions as well as a specific clause on his legal status. In this clause it was clearly indicated that the complainant was retained to work as “an independent contractor” and not as “an official of [the] FAO”. Although certain other clauses in the contract were not incompatible with the existence of an employer-employee relationship (especially those referring to specific provisions of the FAO Administrative Manual), they cannot be construed as negating the clear indication in the specific clause on the complainant’s legal status. He is not an official and cannot invoke the Tribunal’s jurisdiction.
Reference(s)
Jugement(s) TAOIT: 3049
Keywords
competence; ratione personae; non official
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