Judgment No. 1105
Decision
THE COMPLAINT IS DISMISSED.
Consideration 2
Extract:
"The complainant is objecting to a decision based on a statement allegedly made by the Director-General about the circumstances of his departure from UNESCO. The Tribunal is competent ratione personae: under Article II(6) of its Statute it is open to former officials of UNESCO." But it is not competent ratione materiae under II(5) inasmuch as he is not alleging non-observance of the terms of his appointment or provisions of the Staff Regulations. "He must show not just some connection with the terms of his appointment but also 'non-observance' of them."
Reference(s)
ILOAT reference: ARTICLE II(5) AND (6) OF THE STATUTE
Keywords
competence of tribunal; iloat statute; contract; separation from service; condition
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