The Administrative Tribunal of the International Labour Organization (hereinafter the ILO) has been the competent judicial body since 1947 for disputes brought by current or former staff members of the ILO. It also has jurisdiction over disputes involving other international organisations that have recognised its authority in their statutes.
The procedure and operation of the Administrative Tribunal are governed by the Rules of the Administrative Tribunal of the International Labour Organization, adopted by the Tribunal on 24 November 1993 and subsequently amended on 9 November 2011, 16 May 2014, 5 November 2014, 8 May 2019, 25 June 2020 and 9 May 2023.
Lawyer specialising in International Organisations:
Do you have any questions?
How is the Administrative Tribunal composed when examining my claim?
The Tribunal currently consists of seven judges of different nationalities. This panel is presided over by its President (Mr Patrick Frydman, French national) and a Vice-President (Mr Michael F. Moore, Australian national).
However, any claim must be submitted to the Greffe (Registry) — the court official responsible for verifying that the claim meets all substantive and formal requirements before it is referred to the Administrative Tribunal.
How can I confirm that the international organisation I work for recognises the ILO's jurisdiction in the event of a dispute?
You can check this directly on the List available on the ILO's own website, or alternatively by reviewing the jurisdictional provisions set out in your employment contract or signed mandate.
What TYPE OF CLAIMS DOES THE ADMINISTRATIVE TRIBUNAL HANDLE?
The ILO Administrative Tribunal's TRIBLEX platform provides a comprehensive case-law search system, giving access to summaries and decisions for each case. The matters adjudicated cover a wide range of issues, though they are always employment-related in nature. The following is a non-exhaustive list of case types:
- Against INTERPOL – Session 4813 of 2024: the complainant, an INTERPOL staff member on a fixed-term contract, was notified that he had not passed his probationary period due to underperformance, and is asking the Tribunal to recognise his right to reinstatement within the organisation or to compensation for termination of contract.
- Against the ILO – Session 4810 of 2024: the complainant challenges the ILO's decision not to reclassify his post.
- Against the EPO – Session 4800 of 2024: the complainant challenges the refusal of his request for paid leave on grounds of a serious illness affecting his minor child.
- Against the FAO – Session 4470 of 2024: the complainant challenges the organisation's decision to dismiss him on disciplinary grounds.
- Against the WHO – Session 4763 of 2024: the complainant challenges the decision to reject her request for recognition of her illnesses as work-related.
- etc.
The importance of engaging a lawyer specialising in international organisations when bringing a claim before the ILO
Although ILO rules permit the employee or official of an international organisation to represent themselves in preparing and filing the initial internal complaint, given the complexity and procedural formalities involved in these matters, it is strongly advisable to be assisted and represented by a qualified, practising lawyer admitted to the bar in one of the ILO Member States.
What formal requirements must my claim meet?
- LANGUAGE: The ILO has two official languages: French and English. As expressly set out in its rules, the Administrative Tribunal requires that the entire procedure be conducted in a single language; switching from one language to the other once proceedings have begun is not permitted.
- STATEMENT OF CLAIM: this must set out the facts of the case and the grounds for the claim, in accordance with the detailed formal requirements set out in Annex I of the Rules.
- SUPPORTING DOCUMENTATION: as the official languages of the procedure are French and English, any documents drafted in another language and attached to the claim should be translated and certified.
- Five copies of all documentation submitted with the claim must be provided.
DO I NEED TO APPEAR BEFORE THE TRIBUNAL?
Under Article 11, the President may, either on his own initiative or at the request of one of the parties, order any supplementary fact-finding measures, the production of documents and/or the appearance of the parties before the Tribunal, the examination of witnesses and experts, and consultation with any competent International Authority.
CAN I WITHDRAW MY CLAIM?
If you wish to withdraw your claim — whether because the matter has been resolved amicably or for any other reason — you must notify the President of the Tribunal or the Greffe in writing as soon as possible, so that the Tribunal does not devote unnecessary time to the case and may be able to register another case in its place. A withdrawal may not be made subject to conditions.
The respondent organisation has the opportunity to submit observations in response to the request for withdrawal from contract.
IF I DO NOT AGREE WITH THE ruling, CAN I LODGE AN appeal?
Judgments delivered by the Tribunal are final and binding, and cannot be appealed.
However, a request for review of a judgment may be submitted on one of the following grounds:
- Failure to take certain facts into account.
- Material error.
- Failure to rule on a submission.
- New facts that the applicant was unable to raise at the time of the proceedings.
HOW IS THE ruling ENFORCED?
Judgments delivered carry the authority of res judicata and must be enforced as rendered. The parties are required to cooperate in good faith to that end. Where the Tribunal has not set a time limit for the performance of an obligation, judgments must be enforced within a reasonable time.
In determining whether this has been the case, all the circumstances must be taken into account, and in particular the nature and extent of the action required of the organisation. Where it becomes apparent that the respondent organisation does not intend to comply with its obligations or will delay enforcement of the ruling, the applicant may, after having allowed the organisation sufficient and reasonable time to enforce the ruling, request the Tribunal, by way of an appeal for enforcement, to place on record the organisation's failure to comply and to order that appropriate measures be taken.
Written by Cyrielle Agut
Employment lawyer – Spanish, French and English.
