Locus standi (55, 71, 73, 74, 673,-666)
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Keywords: Locus standi
Total judgments found: 92
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Judgment 911
64th Session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The organization [...] accepts as a term of every contract of appointment its duty to respect freedom of association, and anyone who has such a contract may challenge any decision that impairs that freedom. What the complainant is saying - indeed it is the sole issue - is that the organization acted in breach of freedom of association. His complaint is therefore receivable insofar as he is suing in his own name."
Keywords:
competence of tribunal; enforcement; freedom of association; locus standi; official; receivability of the complaint; staff regulations and rules; staff representative;
Consideration 2
Extract:
The list of those to whom the Tribunal is open as given in Article II[6] of the Statute of the Tribunal "is exhaustive. For one thing, it does not include bodies that have legal personality. For another, even supposing the association, though it is an official body, did not have personality in law but was just a de facto group, it does not hold a contract of appointment with the organization. On both counts it does not have access to the Tribunal under Article II and the complaint is irreceivable insofar as it purports to be a party."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 6, OF THE STATUTE
Keywords:
competence of tribunal; locus standi; receivability of the complaint; staff representative; staff union;
Judgment 666
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Any person to whom the Tribunal is open under Article II of its Statute may apply to intervene in a case on the conditions stated in Article 17[2] of the Rules of court. Applications to intervene may be made at any stage, and the Tribunal decides whether they shall be allowed. The applications to intervene in the present case are receivable and the Tribunal's ruling on the merits of the complaints will hold good for the applications as well."
Reference(s)
ILOAT reference: ARTICLE 17, PARAGRAPH 2, OF THE RULES;
ARTICLE II OF THE STATUTE
Keywords:
intervention; locus standi; receivability of the complaint; time limit;
Judgment 661
56th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
According to Article II[6] of the Statute of the Tribunal, the Tribunal is open to four categories of complainants: "[1] present officials, [2] former officials, [3] the successors of a deceased official, and [4] those who have some right under the terms of appointment of a deceased official or under some provision of the Staff Regulations on which he could rely."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 6, OF THE STATUTE
Keywords:
competence of tribunal; iloat statute; locus standi; successor;
Consideration 2
Extract:
"The right of appeal to the Tribunal does not belong to everyone but only to those who have sufficiently close links with the organisation [...] Not every former official may lodge a complaint, but only one who is alleging some right arising under the terms of his appointment."
Keywords:
condition; locus standi; separation from service;
Judgment 655
55th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
In accordance with Article II of its Statute, "the Tribunal may not hear a claim to compensation for an accident which occurred while the complainant was with the United Nations."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
competence of tribunal; locus standi; non official;
Judgment 615
53rd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complainants observe that they were Chairman and Vice-chairman of the staff union and in their brief they claim as such an award of damages. The [organisation] retorts that insofar as they are appealing as such their complaints are irreceivable [...] the Tribunal will not rule on the plea. What the complainants seek is repayment of the sums they believe were unlawfully deducted from their salary as staff members, and they are therefore acting in their own name."
Keywords:
deduction; locus standi; receivability of the complaint; salary; staff representative; staff union;
Judgment 580
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant, an international civil servant, challenged a candidacy to the post of Director-General. The Organisation pleads that "if the complainant had a cause of action, he would have an unfair advantage over candidates who, not being members of the ILO staff, do not have access to the tribunal. But the alleged breach of equality is a corollary of the provision in the Statute which determines the conditions of access to the Tribunal, and the Tribunal may not review the lawfulness of that provision. The plea fails."
Keywords:
candidate; cause of action; competence of tribunal; equal treatment; executive head; locus standi; ratione personae;
Judgment 509
48th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The organisation argues that the Tribunal may only hear complaints filed by serving officials. "The argument fails. When someone leaves the staff he is entitled, then as indeed throughout his career, to compliance with the staff regulations. A tribunal is competent in regard to every aspect of the official's service, and the grant of a certificate is a necessary incident of his employment."
Keywords:
certificate of service; locus standi; receivability of the complaint; retirement; right of appeal; separation from service;
Judgment 496
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Tribunal believes that any violation of the right to freedom of association, i.e. the right to set up a professional association, may be impugned by the holder of a contract of appointment. However, the staff association itself may not intervene in this case, since access to the Tribunal is restricted to officials alone.
Keywords:
cause of action; contract; freedom of association; locus standi; official; receivability of the complaint; staff union;
Consideration 7
Extract:
"The staff association, being the formal organisation created under [the rules], seeks to intervene as a 'collective personality'. It is unnecessary to decide whether or not the association has such personality. Assuming that it has, it is not a personality which holds a contract of appointment by the organization so it is not a person to whom the Tribunal is open under Article II" of the Statute. The intervention is not receivable.
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
intervention; locus standi; receivability of the complaint; staff union;
Judgment 449
46th Session, 1981
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complaint was filed against an organisation which has recognised the Tribunal's jurisdiction but never employed the complainant as a member of its staff. Nor does the complainant allege having acceded to any of the rights of one of its officials. The complaint is summarily dismissed.
Keywords:
locus standi; non official; ratione personae; status of complainant; summary procedure;
Judgment 394
43rd Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant, the brother of a deceased official, was not himself a member of the organization. "Nor is it proved that he was a person to whom the official's right devolved on his death, nor that he might derive rights from the contract of employment of the deceased, nor from the provisions of the staff regulations. Hence, in view of Article II, paragraph 6, of the Statute of the Tribunal, he has no locus standi and his complaints must [...] be dismissed."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 6, OF THE STATUTE
Keywords:
family relationship; locus standi; ratione personae; successor;
Judgment 339
40th Session, 1978
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant addressed himself to the Director of Personnel who informed him that no procedure existed for an appeal by a person not belonging to the staff of the organization. The complainant subsequently brought the matter to the attention of the Director-General who said that the organization considered his appeal to be irreceivable because he was not a staff member. The complainant concluded that this was a final decision and that he had exhausted his means of appeal. He informed the organization that he intended to file a complaint with the Tribunal. The organization did not reply. The organization thus led the complainant to believe that an appeal would be pointless and the organization cannot now be heard to object that it was not made.
Keywords:
contract; direct appeal to tribunal; good faith; internal remedies exhausted; locus standi; offer; receivability of the complaint; status of complainant;
Judgment 231
32nd Session, 1974
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant was seconded by NORAD to GATT, an organisation which has recognised the competence of the Tribunal. He did not conclude a contract of appointment with GATT and was not subject to its Staff Regulations. His contract merely stated that he was subject to the latter organisation's working conditions.
Keywords:
competence of tribunal; consequence; contract; locus standi; non official; right of appeal; secondment; staff regulations and rules; status of complainant;
Judgment 224
31st Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Insofar as [the complainant] is claiming compensation on account of circumstances or actions of the [organisation] subsequent to [the date of expiry of his contract], he had at [that time] severed all his ties with [the organisation] and the dossier shows no trace of action by [the organisation] subsequent to [the material date] which might have arisen out of previous action or caused further injury to a former staff member who was no longer employed by [the organisation]."
Keywords:
cause of action; consequence; lack of injury; locus standi; no cause of action; separation from service; subsequent fact;
Judgment 173
26th Session, 1971
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"[A]n organization may not submit a complaint to the Tribunal nor [...] claims for the modification of the impugned decision to the prejudice of the complainant." It may simply propose that the original complaint be dismissed in whole or in part. "Consequently, the organization's claims in the present case are irreceivable to the extent that they relate to the reduction of the complainant's pension."
Reference(s)
ILOAT Judgment(s): 141
Keywords:
claim; counterclaim; impugned decision; locus standi; pension; reply;
Consideration 1
Extract:
"According to Article II, paragraph 6, of the Statute of the Tribunal, the Tribunal shall be open only [a] to the official, even if his employment has ceased, and to any person on whom the official's rights have devolved on his death; [b] to any other person who can show that he is entitled to some right under the terms of appointment of a deceased official or under provisions of the staff regulations on which the official could rely."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 6, OF THE STATUTE
ILOAT Judgment(s): 141
Keywords:
iloat statute; locus standi;
Judgment 171
25th Session, 1970
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complaint, filed by a former official of IAEA and FAO, is directed against the ILO, an organisation in which he has never served. "Such a complaint is not one which the Administrative Tribunal is competent to hear under the provisions of article ii of its sSatute."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE
Keywords:
competence of tribunal; locus standi; non official; receivability of the complaint; status of complainant;
Judgment 137
22nd Session, 1969
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant holds a contract with a distinct administrative body and is subject to its Staff Regulations. Although that body has established close links with another organization which has recognised the competence of the Tribunal, and although its office serves in particular as the latter's regional office, it is nonetheless an independent body with its own staff under its sole authority. In the absence of any agreement on this point with the organization, the jurisdictional guarantees do not apply.
Keywords:
competence of tribunal; locus standi; status of complainant;
Considerations
Extract:
While maintaining links with an organisation having recognised the competence of the Tribunal, the complainant's employer is an independent body. The Tribunal has no jurisdiction. "In view of the reasonable doubts that the complainant may have had on the question of jurisdiction, the Tribunal, which itself ordered additional measures of investigation, considers it equitable, in spite of the dismissal of the complaint, to award him costs ".
Keywords:
competence of tribunal; costs; locus standi; status of complainant;
Consideration 2
Extract:
"The Tribunal recognises that as a result of holding that it lacks jurisdiction the complainant is thereby regrettably deprived of any means of judicial redress against the injury sustained as a result of the alleged breach of his contract. However, the Tribunal, being a court of limited jurisdiction, is bound to apply the mandatory provisions governing its competence, and it is for the organisation concerned itself to determine whether it is desirable to provide its employees with a safeguard which is enjoyed by the great majority of international officials at the present time."
Keywords:
competence of tribunal; locus standi; right of appeal; safeguard; status of complainant; vested competence;
Judgment 122
20th Session, 1968
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Staff Regulations are, as a whole, applicable only to those categories of persons expressly specified therein. However, some of their provisions are merely the translation into written form of general principles applicable to any employees having any link other than a purely casual one with the organisation. These principles may not lawfully be ignored in individual contracts. "This applies in particular to the principle that any employee is entitled in the event of a dispute with his employer to the safeguard of some appeals procedure."
Keywords:
contract; enforcement; general principle; law of contract; locus standi; right of appeal; safeguard; status of complainant;
Judgment 117
19th Session, 1968
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
If the signatory to the contract of employment had authority from the organization, the complainant could be held to be employed by the organization. "Authority is a clear and precise legal conception and if it cannot be found to exist it is not permissible to take refuge in imprecise expressions, such as that the credit union [which employs the complainant] was a body "within the framework of [the organization]". Accordingly, the complainant not being employed by [the organization], and so not one of its staff members, the Tribunal lacks jurisdiction".
Keywords:
competence of tribunal; contract; delegated authority; locus standi; non official; receivability of the complaint; right of appeal; status of complainant;
Judgment 82
14th Session, 1965
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant requests compensation for the prejudice suffered as a result of the delay by the organisation in giving effect to the judgment. Intervenors x,y and z, insofar as they are acting on their own behalf, do not enjoy any right liable to be affected by the present judgment; they are also acting on behalf of the staff, who have no cause to intervene in the present proceedings. Their interventions are accordingly not receivable.
Reference(s)
ILOAT Judgment(s): 61
Keywords:
cause of action; intervention; lack of injury; locus standi; no cause of action; receivability of the complaint; staff representative; staff union;
Judgment 81
14th Session, 1965
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
As for the complainant's rights under Article II, paragraph 6(b), of the Statute of the Tribunal, the provision "establishes a close link between the rights of the deceased official and the persons which it is designed to cover. However, such persons could not claim a right under a contractual or a statutory clause which the official was not entitled to invoke. Moreover, neither are they entitled to contest the validity of clauses which the official was called upon to respect."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 6(B), OF THE STATUTE
Keywords:
complainant; limits; locus standi; right; successor;
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