1. Composition and structure
Number of members :
Recruitment procédures and incompatibilities :
The Tribunal consists of seven judges who shall all be of different nationalities
The judges are appointed for a period of three years by the Conference of the International Labour Organization. Three judges at least have to sit on the bench of the tribunal in order to adjudicate a case; in exceptional circumstances, there may be five, to be designated by the president, or all seven.
Internal organisation :
The Tribunal has a Register and an Assistant Register appointed by the Director-General at the International Labour Office.
Publications (annual reports, reviews, ..)
Judgements of the ILOAT (two volumes per year).
2. Jurisdictional attributions and advice
2.1. Court functions
- The Tribunal is competent to hear complaints alleging non-observance, in substance or in form, of the terms of appointment of officials of the International Labour Office, and of such provisions of the Staff Regulations as are applicable to the case.
- The Tribunal is competent to settle any dispute concerning the compensation provided for in cases of invalidity, injury or disease incurred by an official in the course of his employment and to fix finally the amount of compensation, if any, which is to be paid.
- The Tribunal is competent to hear any complaint of non-observance of the Staff Pensions Regulations or of rules made in virtue thereof in regard to an official or the wife, husband or children of an official, or in regard to any class of officials to which the said Regulations or the said rules apply.
- The Tribunal is competent to hear disputes arising out of contracts to which the International Labour Organization is a party and which provide for the competence of the Tribunal in any case of dispute with regard to their execution.
- The Tribunal is also competent to hear complaints alleging non-observance, in substance or in form, of the terms of appointment of officials and of provisions of the Staff Regulations of any other international organization either intergovernmental in character, or fulfilling the conditions set out in the Annex to its Statute, which has addressed to the Director-General a declaration recognizing, in accordance with its Constitution or internal administrative rules, the jurisdiction of the Tribunal for this purpose, as well as its Rules of Procedure and which is approved by the Governing body.
- to the official, even if his employment has ceased, and to any person on whom the official's rights have devolved on his death;
- to any other person who can show that he is entitled to some right under the terms of appointment of a deceased official or under provisions of the Staff Regulations on which the official could rely.
- Any dispute as to the competence of the Tribunal shall be decided by it, subject to the provisions of article XII of its statute.
Organisation of the courts system :
- A complaint is not receivable unless the decision impugned is a final decision and the person concerned has exhausted such other means of resisting it are open to him under the applicable Staff Regulations (i.e. request for review of an administrative decision, then, depending upon the organization, either submission of the complaint to a joint appeals board, or claim to the Director-General).
- Judgements of the Tribunal are final and without appeal. They are subject to review in exceptional circumstances.
- In any case in which the Governing Body of the International Labour Office, the Administrative Board of the pensions Fund or the Executive Board of an international organization recognizing its jurisdiction, or considers that a decision of the Tribunal is vitiated by a fundamental fault in the procedure followed, the question of the validity of the decision given by the Tribunal shall be submitted by the Governing Body, the Administrative or Executive Board concerned, for an advisory opinion, to the International Court of Justice. The opinion given by the Court shall be binding.
Intervention of third parties in the procedure
- Anyone to whom the Tribunal is open under Article II of the Statute may intervene in a complaint on the grounds that the ruling which the Tribunal is to make may affect him;
- an organization over which the Tribunal has jurisdiction may intervene in a complaint on the grounds that the ruling which the Tribunal is to make may affect it;
- the Tribunal or, between sessions, the President may instruct the Registrar to give notice of a complaint to any third party if it appears that such third party may want to make submissions;
- to be receivable, an application to intervene shall be delivered at the Registry before the opening of the session for which the complaint is listed.
Powers of the judge :
In cases falling under article II, the Tribunal, if satisfied that the complaint was well founded, shall order the rescinding of the decision impugned or the performance of the obligation relied upon. If such rescinding of a decision or execution of an obligation is not possible or advisable, the Tribunal shall award the complainant compensation for the injury caused to him.
2.2. Advisory functions