Judgment No. 4201

• Organization: International Atomic Energy Agency (IAEA)
• Date: 03.07.2019
• Original: English
• Judges: Barbagallo, Moore, Rawlins
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant impugns the decision taken by the Executive Committee of the Staff Association to reject his application for legal support in connection with a complaint he had filed with the Tribunal.

Judgment keywords

Keywords

competence of tribunal; summary procedure; freedom of association; ratione materiae; administrative decision; complaint dismissed

Consideration 3

Extract:

The Tribunal notes that, at the time when he filed his complaint, the complainant was a former official. 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. In this case, however, the complainant does not allege that any provision of his terms of appointment or of the Staff Regulations has been violated.

Reference(s)

ILOAT reference: Article II, paragraph 5, of the Statute

Keywords

competence of tribunal; former official; ratione personae; ratione materiae