The International Labour Organization (ILO) Administrative Tribunal serves to address complaints from staff members of international organizations, including the Pan American Health Organization, regarding violations of appointment terms or staff regulations. While filing a complaint does not halt the implementation of the contested decision, the Tribunal operates independently with a panel of seven judges from diverse nationalities, appointed for three-year terms.
The Tribunal's authority is significant, as it makes binding decisions by majority vote, with all judgments being final and without appeal. It maintains confidentiality throughout its proceedings, deciding whether to conduct oral hearings or rely on written submissions. Although its judgments are publicly available, the identities of complainants are protected, using only initials to ensure privacy. This structure underscores the Tribunal's commitment to fair and impartial resolution of disputes within international organizations.
What is the mission of the Tribunal?
The International Labour Organization Administrative Tribunal (the Tribunal) hears complaints from staff members of international organizations which have recognized the Tribunal's jurisdiction (including the Pan American Health Organization) alleging non-observance of the terms of appointment or non-compliance with the staff regulations or staff rules of their respective organizations. However, the filing of a complaint does not entail suspending or delaying the implementation of the contested decision.
Who does the Tribunal report to?
The Tribunal consists of seven judges who must be of different nationalities and are appointed for a period of three years. A meeting of the Tribunal is composed of three judges or, in exceptional circumstances, five or even all seven judges sitting together to hear the same case. The Tribunal is completely independent and has no reporting relationships of any kind.
What is the level of authority of the Tribunal?
The Tribunal takes decisions by a majority vote; and all judgments are final, binding on both parties and without appeal.
What is the level of confidentiality of the Tribunal?
The Tribunal decides in each case whether to allow oral hearings or to adjudge a case based on written submissions only, which is usually the way it operates. It has complete authority to request production of any records or documents for the proper consideration of a complaint. It has a duty to protect the confidentiality of information contained in the pleadings and, although the Tribunal judgments are delivered in public and posted on their website, the identity of complainants are not disclosed and only their initials are used.
Who can use the services of the Tribunal?
Only staff members appointed under U.N. contracts pursuant to Staff Rule 420 can file a complaint with the Tribunal. A complainant can plead his or her own case or appoint another party (called an agent) to present the case on his or her behalf to the Tribunal.
When should you contact the Tribunal?
The Tribunal is the last recourse for staff who feel that their rights have been infringed and wish to pursue the possibility of obtaining a remedy. To be receivable by the Tribunal, your complaint must be against a final decision taken by an authorized official and you must have already exhausted the internal recourse proceedings of the Organization.
You should contact the Tribunal if:
- You wish to pursue an appeal case at a higher level after receiving an unsatisfactory outcome at the Board of Appeal level; or
- After appealing directly to the Director, you have received an unfavorable decision regarding the non-confirmation of your appointment following the completion of your probationary period.
Your complaint must be filed to the Tribunal within 90 days after you were notified of the decision impugned or, in the case of a decision affecting a group of officials, after the decision was published.
How can the Tribunal be contacted?
For further information, please contact:
The Administrative Tribunal International Labour Organization
4 rue des Morillons, CH-1211 Geneva 22
Tel: +41.22.799.87.26/28, Fax: +41.22.799.8737 or E-mail: trib@ilo.org