Status of complainant (57, 58, 60, 61, 62, 63, 64, 643, 682, 65, 66, 67, 68, 69,-666)

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Keywords: Status of complainant
Total judgments found: 103

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• Judgment 48

  
  8th Session, 1960
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  The complainant has refugee status. The fact that she was in the country of the organization's headquarters "was due neither to a legal barrier to her emigration nor to any physical impossibility of securing admission to another country. Therefore, even if the notion of residence involves fulfillment of the two conditions of physical presence and intention to reside", the complainant was rightly deemed to have been resident in the country and was rightly classified as a locally recruited official.

  Keywords:

  local status; non-local status; refugee; residence; status of complainant;
  

  
  
  

• 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 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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