The Administrative Tribunal of the International Labour Organization (hereinafter referred to as ILO) has, since 1947 been the competent judicial body to hear disputes that may arise with officials or former officials of the ILO, but it is also competent if any international organization has recognized it as such in its Statutes.
Written by Cyrielle Agut
Employment lawyer - Spanish, English, French
Josep Conesa Sagrera
English-speaking lawyer in Barcelona
Lawyer & Master's Degree in EU Law and Fundamental Rights
Our background advising international organisations and their employees has allowed our firm to become an expert in advising and defending rights related to:
Take note internal proceedings regulated at each staff regulations should notmaly be exhausted before starting ILO's Court proceeding. Contact us if you need urgent help on this matter.
The procedure and functioning of the Administrative Tribunal are regulated in the Rules of the Administrative Tribunal of the International Labour Organization, adopted by the Tribunal on the 24th of November 1993, and amended by the Tribunal on the 9th of November 2011, the 16th of May 2014, the 5th of November 2014, the 8th of May 2019, the 25th of June 2020, and and the 9th of May 2023.
Currently, it consists of seven judges of different nationalities. This 'board' is chaired by its President (Mr. Patrick Frydman, of French nationality) and a Vice-President (Mr. Michael F. Moore, Australia).
However, the claim must be addressed to the "Greffe" (Registry of the Court) which will which will assess the correct fulfilment of the substantive and formal requirements of the complaint before submitting it to the Administrative Court.
This can be checked via the List available on the ILO's own website, or it may be possible to ascertain the jurisdictional competence established in the employment contract or signed mandate.
The TRIBLEX platform of the Administrative Tribunal of the ILO provides us with an extensive system for searching case law, through which we can access a summary and the ruling of the cases, and from which we can see that the cases tried are varied, but are always linked to their employmentnature, including, but not limited to:
Although the ILO Regulations allow the worker/official of an international organisation to represent himself/herself in the preparation and processing of the preliminary claim, taking into account the complexity of the formalities involved in these matters, it is highly advisable to be assisted and represented by a lawyer who is a registered and practising in one of the ILO's Member States.
In line with Article 11, the President may, on her or his own motion or on the application of either party, order such measures of investigation as she or he deems fit, including the disclosure of documents, the appearance of the parties before the Tribunal, the hearing of expert and other witnesses and the consultation of any competent international authority
If you want to withdraw your claim, either because the matter has been amicably resolved or for another reason, you must inform the President of the Tribunal or the "Greffe" in writing as soon as possible so that the Tribunal does not waste time on the case in question and may even register another case. A withdrawal cannot be accompanied by conditions. The defendant organization has the opportunity to make allegations against the withdrawal request.
The judgments handed down by the Tribunal are final and binding, and cannot be appealed.
However, an application for review of the judgment would be possible on one of the following grounds:
The judgments handed down have the authority of res judicata and must be enforced as pronounced. The parties must cooperate in good faith to this end. If the Tribunal has not set a deadline for the enforcement of an obligation, the judgments must be enforced within a reasonable period.
In order to determine whether this has been the case, all of the circumstances of the case, and in particular the nature and scope of the action required of the organisation, must be taken into account. When it appears that the defendant organisation does not intend to comply with its obligations or will delay the enforcement of the judgment, the applicant may, after giving the organisation sufficient and reasonable time to enforce the judgment, request the Tribunal, through an enforcement appeal, to take note of the organisation's failure and order appropriate measures to be taken.
If you find yourself in need of guidance or legal assistance regarding a claim with the Administrative Tribunal of the International Labour Organization, don't hesitate to reach out to us. Our team is ready to provide comprehensive support and help to navigate the process effectively.