ILO is a specialized agency of the United Nations
Site Map | Contact français
> Home > Triblex: case-law database > By session > 136th Session

Judgment No. 4735


The complaint is dismissed.


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


cause of action; competence of tribunal; summary procedure; former official; complaint dismissed

Consideration 4


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.


ILOAT Judgment(s): 1105, 1941, 2333, 4201


cause of action; former official; selection procedure

Last updated: 24.08.2023 ^ top