Judgment No. 4735
Decision
The complaint is dismissed.
Summary
The complainant, a former staff member of IOM at its Country Office in Afghanistan, asserts that a position which was readvertised after its temporary abolition should be assigned to him.
Judgment keywords
Keywords
cause of action; competence of tribunal; summary procedure; former official; complaint dismissed
Consideration 4
Extract:
The Tribunal notes that, at the time when he filed his complaint, the complainant was a former official of IOM. Although the Tribunal is open to former officials of international organizations recognising its competence, a complaint filed by a former official must, like any other complaint, invoke non-observance, in substance or in form, of the terms of the complainant’s appointment and/or of provisions of the Staff Regulations, as required by Article II, paragraph 5, of the Tribunal’s Statute (see, for example, Judgments 4201, consideration 3, 2333, consideration 8, and 1105, consideration 2). In this case, however, the complainant relies on an alleged “right” to recruitment arising out of his former employment which does not exist in any form whatsoever. Moreover, he does not put forward any arguments deriving from a breach of his former contract (see, for a similar case, Judgment 1941, consideration 6). The Tribunal is therefore not competent, under Article II of its Statute, to hear this complaint.
Reference(s)
Jugement(s) TAOIT: 1105, 1941, 2333, 4201
Keywords
cause of action; former official; selection procedure
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