Judgment No. 3247

• Organization: Global Fund to Fight AIDS, Tuberculosis and Malaria (Global Fund)
• Date: 05.02.2014
• Original: English
• Judges: Barbagallo, Moore, Rawlins
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant was on reimbursable loan from UNOPS to the Global Fund, when she was notified of the non-renewal of her contract for unsatisfactory performance.

Judgment keywords

Keywords

organisation; receivability of the complaint; competence of tribunal; termination of employment; official; complaint dismissed; unops

Consideration 20

Extract:

"In a case such as the present, jurisdiction is limited and defined by organisations submitting to the Tribunal’s jurisdiction and the complainant being an official (or former official) of an organisation that has so submitted (see Judgments 2503, consideration 4, and 3049, consideration 4). The complainant was not an official of the Global Fund at any relevant time. She was an official of UNOPS, which has not submitted to the Tribunal’s jurisdiction. Accordingly, the Tribunal has no jurisdiction to determine the complainant’s complaint save for determining whether it has jurisdiction. The complaint is therefore not receivable."

Reference(s)

ILOAT Judgment(s): 2503, 3049

Keywords

locus standi; status of complainant; receivability of the complaint; competence of tribunal; iloat; ratione personae; non official