Access badge (965,-666)

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• Judgment 4601

  
  135th Session, 2023
  World Trade Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to summarily dismiss him after an internal complaint of harassment was made against him.

  Consideration 14

  Extract:

  The complainant also asks that, as a result of the impugned decision being set aside by the Tribunal, the WTO should be ordered to issue him with the badge provided to pensioners to enable him to participate in the activities of the WTO Pensioners’ Assembly. It is, however, clear from the case law that the Tribunal is not competent to make orders of that kind.
  This is all the more so given that the complainant does not point to any obligation on the WTO to issue the “pensioner” badge arising from the terms of his employment contract or under the provisions of the Staff Regulations and Staff Rules. The Tribunal does not, therefore, in any event, have any competence in the matter, pursuant to Article II, paragraph 5, of its Statute.

  Keywords:

  access badge; competence of tribunal; former official; house ban; order to deliver a badge;