The Administrative Tribunal of the International Labour Organization (hereinafter referred to as ILO) has been the competent judicial body since 1947 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.
Josep Conesa Sagrera
English-speaking lawyer in Barcelona
Lawyer & Master's Degree in EU Law and Fundamental Rights
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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 November 24, 1993, and amended by the Tribunal on November 9, 2011, May 16, 2014, November 5, 2014, May 8, 2019, June 25, 2020, and May 9, 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" (Registrar of the Court) who will verify the correct compliance with the substantive and formal requirements of the claim before submitting it to the Administrative Tribunal.
Directly, this can be verified in the List available on the ILO's website, or it would be possible to verify the jurisdictional competence established in the employment contract or mandate signed.
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 ruling of the case, and from which we can see that the cases judged are of all kinds, but always linked to their labour nature, this list is non-exhaustive:
Although the ILO Regulations allow the worker/official of an international organization to represent himself for the preparation and processing of the prior claim, and considering the complexity of the formalities of these matters, we advise you to be assisted and represented by a qualified lawyer practicing in one of the Member States that are part of the ILO.
Following Article 11, the President may, ex officio or at the request of one of the parties, require any additional investigative measures, production of documents, and/or appearance of the parties before the Tribunal, testimony of witnesses and experts, consult any competent International Authority.
If you want to withdraw, that is, 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 rendered by the Tribunal are final and binding, and cannot be appealed.
However, it would be possible to request a review of what has been judged, for one of the following reasons:
The judgments rendered 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.
To determine if this was the case, it is necessary to take into account all the circumstances of the case, and in particular the nature and scope of the activity required of the organization. When it appears that the defendant organization does not intend to comply with its obligations or will delay the enforcement of the judgment, the applicant may, after giving the organization sufficient and reasonable time to enforce the judgment, request the Tribunal, through an enforcement appeal, to take note of the organization'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 navigate the process effectively.
Written by Cyrielle Agut
Employment lawyer - Spanish, English, French