ILO Tribunal: still worthy of our trust?

News
USF

ILO Tribunal : is it still worthy of our trust ?

The Administrative Tribunal (AT) of the International Labour Organization (ILO) is the successor of the League of Nations Administrative Tribunal, created as a judicial tribunal to ensure to officials the firm conviction of safety and security emanating from justice, provide a judge for internal disputes, and preclude the possibility of one of the parties being a judge in his own cause. For European Patent Office (EPO) labour disputes, the ILO-AT is the only external legal instance.

Extent of jurisdiction

The applicable law, under the ILO-AT Statute, is formally limited to the terms of appointment and service conditions of the organisation concerned. But the ILO-AT’s case law on this point has been
inconsistent; in some judgments, general principles of law and human rights have been considered
as additional sources of law, in others they have been excluded. The Tribunal does not order interim relief. Witnesses can give written statements but their cross-examination is not possible. Since 1989, the ILO-AT has declined to hold any oral hearings. The Tribunal has no means of enforcing judgments.

The Tribunal has recently changed its approach concerning general decisions. While Staff Committee members could, in the past, challenge general decisions directly, it now seems that general decisions (legislative decisions) may no longer be challengeable at all. Concerned employees must now wait until an administrative decision implementing a general decision, eg a career reform, produces a direct adverse effect on them, eg through a missed promotion that was due, visible on a payslip. This has as a consequence that every staff member must file an individual appeal instead of a staff committee member filing a model appeal for all. The number of internal appeals has thus since exploded. Another consequence is that many general decisions, eg decisions changing governance rules, may no longer be challengeable, even if they are presumably illegal.

Detailed analysis in EPO-FLIER #38

Detailed analysis in EPO-FLIER #38

Latest News

The 2024 Appraisal Exercise Is Launched
USB - Commission

The Institution decided to modify the report with constant rules. It had introduced the merge of 3 sections as well as the possibility of renewing your report.

Read more
From Five to Four, Why Not?
Asmayani Kusrini

However, “Friday is The New Saturday” is not just an ode to change but a pragmatic roadmap for its realization.

Read more
2023 annual update: +2.7 %
USB - Consilium

The updating of salaries and pensions, based on the Method developed by Union Syndicale 50 years ago, is designed to guarantee parallelism with the salaries of civil servants in the Member States.

Read more
BE CAREFUL WHAT YOU SAY !
USF

Find out more about the European Commission’s new social media guidelines and their implications for freedom of expression.

Read more