Judgment No. 967
Decision
THE COMPLAINT IS DISMISSED.
Summary
Extract:
"The choice of the Tribunal as the forum in cases in which it would not otherwise have jurisdiction is a term which by its very nature may not be implied but must be expressly agreed between the parties." In accordance with Article II, paragraph 4, of the Statute of the Tribunal, the organisation is correct in holding that the choice of forum must be an express term of the contract.
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 4, OF THE STATUTE
Keywords
competence of tribunal; vested competence; contract
Consideration 6
Extract:
The application of the Staff Regulations to the complainant "was expressly excluded by his successive contracts of employment." As a result the Tribunal is not competent to hear the complaint.
Keywords
locus standi; status of complainant; competence of tribunal; staff regulations and rules; contract
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