Locus standi (55, 71, 73, 74, 673,-666)
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Keywords: Locus standi
Total judgments found: 92
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Judgment 80
14th Session, 1965
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The Staff Regulations of the organisation and the regulations for its staff superannuation and benevolent funds expressly recognise the Tribunal's competence. "Since the present complaint emanates from a former official of [the organisation] and concerns the settlement of her pension rights, the Tribunal is competent to hear it."
Keywords:
competence of tribunal; locus standi; pension; pension entitlements; receivability of the complaint; retirement; status of complainant;
Judgment 75
12th Session, 1964
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant's status must be regarded as purely contractual. "It is of little account that the [...] contract describes the complainant as a medical officer. This title relates solely to the nature of the work to be performed by the complainant, but does not affect his legal status. On the contrary, his legal status is defined [in the contract] which stipulates that "the present contract does not confer upon the holder the title of official of the [...] organization." [The Tribunal is not competent].
Keywords:
competence of tribunal; contract; locus standi; non official; receivability of the complaint; right of appeal; status of complainant;
Consideration 3
Extract:
"Not only is the legal status of the complainant of an exclusively contractual nature, but the contract concluded by him is of a very special character [...]. Whatever his obligations may have been towards the organization, the complainant was expressly stated to be responsible to the government [...]. In view of the complainant's legal status [...], his complaint does not fall within the definition of those which the Tribunal is competent to hear in pursuance of [...] Article II, paragraph 5, of its Statute. The Tribunal is therefore not competent to hear it."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
competence of tribunal; contract; locus standi; member state; staff member's duties; status of complainant;
Judgment 71
12th Session, 1964
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Paragraph 6 of Article II of the Statute of the Tribunal reserves access to the Tribunal to officials of the organisations defined in paragraph 5 of the same article [...] to any person on whom an official's rights have devolved on his death; and 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, PARAGRAPHS 5 AND 6, OF THE STATUTE
Keywords:
definition; iloat statute; locus standi;
Consideration 5
Extract:
"It results from an examination of the correspondence exchanged between the organization and the complainant that no legal relationship whatsoever was ever established between [the complainant and the organization]; that consequently, the complainant cannot be considered as an official of the organization in the sense of [...] Article II, paragraph 6, [of the Statute of the Tribunal]; and that, therefore, his complaint is not receivable."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 6, OF THE STATUTE
Keywords:
candidate; competence of tribunal; external candidate; locus standi; receivability of the complaint; right of appeal; status of complainant;
Judgment 68
12th Session, 1964
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 71, consideration 5.
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPHS 5 AND 6, OF THE STATUTE
ILOAT Judgment(s): 71
Keywords:
definition; iloat statute; locus standi;
Consideration 2
Extract:
"The complainant does not supply any shred of proof of the existence of the contract of employment which he alleges was concluded verbally between him and [the organization]." The Co-ordination Committee for International Voluntary Work Camps is a non-governmental organization and is not a service of [the organization]. Neither the fact of maintaining consultative relations with the organization nor the fact of executing tasks and of submitting reports in return for a fee paid by the organization has the effect of conferring on the agents of the Committee the status of employees of the organization. The complaint is irreceivable.
Keywords:
burden of proof; competence of tribunal; contract; evidence; lack of evidence; locus standi; non official; receivability of the complaint; right of appeal; status of complainant;
Judgment 67
11th Session, 1962
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
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 violations of her contract; but the Tribunal, being a court of limited jurisdiction, is bound to apply the mandatory provisions governing its competence."
Keywords:
competence of tribunal; effect; external collaborator; locus standi; ratione personae; right of appeal; vested competence;
Summary
Extract:
The complainant was recruited for a conference; her contract stipulated that she would not be considered as a member of the staff. Following a serious accident which she suffered whilst in the service of the organization, she requested that the latter pay her the amount of the indemnity offered to her in compensation for her permanent incapacity, under the individual insurance policy. The Tribunal considers the complainant as a purely casual employee and that it lacks jurisdiction.
Keywords:
competence of tribunal; external collaborator; locus standi; ratione personae; right of appeal; status of complainant;
Judgment 61
10th Session, 1962
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The interventions of Messrs. X and Y, on behalf of the staff association, are not receivable, since the association "has no cause to intervene in the present proceedings". In as far as the interveners "acted on their own behalf, they have rights which may be affected by this judgment, and their intervention is receivable in as far as the [...] Tribunal is competent to pass judgment on the complaint itself."
Keywords:
intervention; locus standi; receivability of the complaint; staff union;
Judgment 54
9th Session, 1961
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant had applied for the post [...] while still an official [of the organization], he is entitled to challenge the decision appointing another candidate to the post."
Keywords:
application for quashing; appointment; candidate; cause of action; competition; injury; internal candidate; locus standi; other;
Judgment 46
8th Session, 1960
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant, "who is neither an official nor a former official of [the organization] and whose wife, a former official of the organization, is not deceased, is not qualified to institute proceedings before the Tribunal" under the terms of [Article II, paragraph 6, of the Statute of the Tribunal].
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 6, OF THE STATUTE
Keywords:
competence of tribunal; locus standi; non official; ratione personae; status of complainant; successor;
Judgment 35
7th Session, 1958
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The Tribunal has put it that an intervention by Mr [X] was not receivable insofar as it would have been exercised by the person of the chairman of the [...] staff association who did not have this right." Moreover, the intervention was not receivable if made in a personal capacity since the intervenor "did not possess any right liable to be affected by [the resulting] judgment".
Keywords:
cause of action; intervention; locus standi; no cause of action; receivability of the complaint; staff representative; staff union;
Judgment 33
7th Session, 1958
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Vide Judgment 35.
Reference(s)
ILOAT Judgment(s): 35
Keywords:
cause of action; intervention; locus standi; no cause of action; receivability of the complaint; staff representative; staff union;
Judgment 32
7th Session, 1958
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Vide Judgment 35.
Reference(s)
ILOAT Judgment(s): 35
Keywords:
cause of action; intervention; locus standi; no cause of action; receivability of the complaint; staff representative; staff union;
Judgment 11
3rd Session, 1953
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"From the standpoint of equity there is no ground for distinguishing between officials [...] properly so-called and persons in the category to which the complainant belongs [...] persons in the latter category have all the fundamental characteristics of officials, namely, the continuous devotion of their activities to the agency which employs them; the fact that they are under the authority of the Director-General; the fact that their conditions of service are determined by way of regulation, unilaterally and not contractually; the fact that they have access to the sickness insurance and pension funds; etc."
Keywords:
competence of tribunal; definition; locus standi; official; status of complainant;
Consideration 4
Extract:
It is clear from the statements of the Administration and the Special Joint Committee that "the absence of positive legal provisions concerning the employees of the branch offices would make their situation precarious and would expose them to arbitrary decisions without allowing them any right of appeal either to national tribunals or the Administrative Tribunal."
Keywords:
competence of tribunal; field; locus standi; no provision; right of appeal; status of complainant;
Consideration 5
Extract:
"The Staff Regulations in their present form describe persons in the category concerned as officials, only in order to make it clear that they shall be subject to special conditions of service to be provided for them; but that, in the absence of such specific conditions being provided, they cannot be left without any right of appeal."
Keywords:
competence of tribunal; definition; locus standi; official; right of appeal; status of complainant;
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