Judgment No. 78
Decision
1. The submission that the elections of 28 March 1963 should be rendered void is dismissed as falling outside the jurisdiction of the Tribunal. 2. The remainder of the complaint is dismissed.
Consideration 1
Extract:
"On the submission that the elections held on [...] by the staff association should be declared void by the Administrative Tribunal: no provision of its Statute, and in particular Article II, empowers the Administrative Tribunal to adjudicate on such a submission."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords
competence of tribunal; staff union; election; application for quashing
Consideration 2
Extract:
The powers of the Director-General as regards the staff association are governed by the organization's regulations. "None of these regulations empowers the Director-General to invalidate elections held [by the association] to form its executive committee on the ground that such elections were irregular [...]. Hence, by refusing to invalidate the elections [...] the Director-General, far from violating the Staff Regulations and Rules, applied them correctly."
Keywords
competence; no provision; staff union; election; application for quashing; executive head; flaw; refusal
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