<ПРАВИЛА АДМИНИСТРАТИВНОГО ТРИБУНАЛА МЕЖДУНАРОДНОЙ ОРГАНИЗАЦИИ ТРУДА> [англ.](Вместе со <СПИСКОМ>, <ФОРМОЙ ПРЕТЕНЗИИ>)(Приняты 24.11.1993 Административным трибуналом МОТ)
INTERNATIONAL LABOUR ORGANIZATION
RULES
OF THE ADMINISTRATIVE
TRIBUNAL
OF THE INTERNATIONAL LABOUR ORGANIZATION
(24.XI.1993)
I.
ORGANIZATION
Article 1
1. The Tribunal shall elect a President and a
Vice-President.
2. Election shall be by vote of the majority of its
members, any who cannot attend for the purpose being entitled to vote by
correspondence.
3. The President shall direct its proceedings and
represent it in all administrative matters.
4. If the President is unable
to act, the Vice-President or, if the Vice-President is unable to act, the
senior judge shall exercise the functions of President at and between
sessions.
Article 2
The Tribunal shall have a Registrar and an Assistant
Registrar appointed by the Director-General of the International Labour
Office.
Article 3
1. The Tribunal shall hold sessions whenever the
caseload so warrants.
2. The President shall set and may amend the dates
of each session of the Tribunal and shall invite members to attend for such
period as he determines.
II. PROCEDURE
Article 4
1. A complaint
filed against an organization which has recognized the jurisdiction of the
Tribunal and any communication relating to such complaint shall be addressed to
the President through the Registrar.
2. For the purpose of determining
whether the time limits in paragraphs 2 and 3 of Article VII of the Statute have
been complied with, the Tribunal shall take into account the date of deposit of
the complaint at the Registry or the date of despatch, provided that in the
event of doubt about the date of despatch it shall take into account the date of
receipt at the Registry.
Article 5
1. The complainant may plead his own
case or appoint for the purpose an agent who shall be a serving or former
official of an organization which has recognized the Tribunal"s jurisdiction or
of the United Nations, or a member of a bar in a member State of one of those
organizations, or, with leave from the President, someone who is qualified to
deal with issues relating to the international civil service.
2. The
complainant"s agent shall provide, in English or French, a power of
attorney.
3. The defendant organization"s agent shall be one of its own
serving or former officials, or a serving or former official of another
organization which has recognized the Tribunal"s jurisdiction or of the United
Nations, or a member of a bar in a member State of one of those organizations,
or, with leave from the President, someone who is qualified to deal with issues
relating to the international civil service.
4. Where the defendant
organization"s agent is not a serving or former official, it shall provide, in
English or French, a power of attorney.
Article 6
1. The complainant or
the complainant"s agent shall:
(a) fill up in English or French and sign
the complaint form prescribed in the Schedule to these Rules;
(b) append
thereto a brief in the same language stating the facts of the case and the pleas
and the original or a certified copy or transcript of any item of evidence
adduced in support;
(c) append to any text which is not in English or
French a certified translation into the language chosen in accordance with (a);
and
(d) supply five copies of the complaint form, the brief and any
appended item of evidence and certify them by signature to be true.
2. If
not satisfied that the complaint meets the requirements of these Rules, the
Registrar shall call upon the complainant or the complainant"s agent to correct
it within 30 days and may where appropriate return the papers for the
purpose.
3. If satisfied that the complaint meets the requirements of
these Rules, the Registrar shall forward one copy to the defendant
organization.
4. The language chosen in accordance with 1(a) shall be
used in any subsequent written pleadings.
Article 7
1. If the President
considers a complaint to be clearly irreceivable or devoid of merit he may
instruct the Registrar to forward it to the defendant organization for
information only.
2. When it takes up such complaint the Tribunal may
either dismiss it summarily as clearly irreceivable or devoid of merit or else
order that the procedure prescribed below shall be followed.
Article
8
1. In any case which is not dealt with in accordance with Article 7(1) the
defendant organization shall despatch its reply to the Registrar within 30 days
of the date of receipt of the complaint.
2. It shall:
(a) append
to its reply the original or a certified copy or transcript of any item of
evidence adduced in support;
(b) append to any text which is not in
English or French a certified translation into the language chosen in accordance
with Article 6(1)(a); and
(c) supply five copies of its reply and of any
appended item of evidence and certify them by the signature of its agent to be
true.
3. If it files no reply within the time limit the written pleadings
shall close.
Article 9
1. If satisfied that the defendant organization"s
reply meets the requirements of these Rules, the Registrar shall forward one
copy to the complainant or to the complainant"s agent, who may file a rejoinder
within 30 days of the date of receipt.
2. If no rejoinder is filed within
the time limit the written pleadings shall close.
3. If a rejoinder is
filed, the Registrar shall forward one copy to the defendant organization, which
may file a surrejoinder within 30 days of the date of receipt.
4. If no
surrejoinder is filed within the time limit the written pleadings shall
close.
5. If a surrejoinder is filed, the Registrar shall forward one
copy to the complainant or to the complainant"s agent.
6. The President
may, on his own motion or on the application of either party, order the
submission of a further written statement or document and may set the time limit
for such submission.
7. The complainant or the complainant"s agent shall
supply with the rejoinder and with any further written statement or document,
and the defendant organization shall supply with the surrejoinder and with any
further written statement or document,
(a) a certified translation into
the language chosen in accordance with Article 6(1)(a) of any text which is not
in English or French and
(b) five certified copies of all
submissions.
Article 10
1. When the President considers the pleadings to
be sufficient he shall instruct the Registrar to put the complaint on the list
of a session of the Tribunal.
2. The Registrar shall inform the parties
before the opening of that session of the inclusion of the complaint in the list
and of the dates of the session.
3. The Tribunal or, between sessions,
the President shall rule on an application by either party for a stay of
proceedings or for the adjournment of a listed case to a later session.
III.
OTHER MATTERS
Article 11
1. The Tribunal may, on its own motion or on
the application of either party, order such measures of investigation as it
deems fit, including the appearance of the parties before it, the hearing of
expert and other witnesses, the consultation of any competent international
authority, and expert inquiry.
2. Any measure of investigation may be by
letters rogatory if the Tribunal or, between sessions, the President so
orders.
Article 12
1. An application by either party tor hearings shall
identify any witness whom that party wants the Tribunal to hear and the issues
which the party wants the witness to address.
2. The Tribunal shall
determine the conduct of any hearings.
3. Hearings shall include oral
submissions by the parties and may, with leave from the Tribunal, include oral
testimony by any witness.
4. A witness shall make the following
declaration before giving evidence:
"I solemnly declare that I shall
speak without hatred and without fear, and shall speak the truth, the whole
truth and nothing but the truth."
5. An expert witness shall make the
same declaration as any other witness and shall then make the following further
declaration:
"I solemnly declare that I shall give evidence to the best
of my knowledge and belief."
Article 13
1. 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.
2.
An organization which has recognized the Tribunal"s jurisdiction may intervene
in a complaint on the grounds that the ruling which the Tribunal is to make may
affect it.
3. 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.
4. 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.
Article
14
The Tribunal or, between sessions, the President may shorten or lengthen
any time limit set in accordance with these Rules.
Article 15
The
President may between sessions make provisional orders, without prejudice to the
ultimate ruling by the Tribunal on the parties" rights, on an application by
either party for measures to establish the existence of any tact that is
material to the dispute.
Article 16
The Tribunal shall, in exercise of
the powers vested in it by Article X of the Statute, deal with any matter which
these Rules do not expressly provide for.
Article 17
These Rules shall
come into force on 1 May 1994.
SCHEDULE
The complaint form
referred to in Article 6(1)(a) of these Rules shall consist of questions under
the following five heads:
1. The complainant.
2. The defendant
organization.
3. The challenged decision.
4. The pleadings (relief
claimed, list of documents, etc.).
5. Special applications.
The
form may be obtained from the Registrar.
INTERNATIONAL LABOUR
ORGANIZATION
COMPLAINT FORM
ADMINISTRATIVE TRIBUNAL
(Article 6(1)(a) of the Tribunal"s Rules)
-------------------------------------------------------------------------T-----------------------------------------------¬
¦IMPORTANT: Give the required information in the relevant boxes. ¦
TO BE ENTERED BY THE REGISTRY ¦
¦If a section is not
applicable, say so (or put NA). ¦ OF THE
TRIBUNAL ¦
¦
¦
¦
¦The submissions will consist of (1) the complaint form, (2) the
brief ¦ ¦
¦and (3)
any supporting documents, in that order. ¦Date of
filing: ¦
L------------------------------------------------------------------------+------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------¬
1¦THE COMPLAINANT
¦
¦Family name (surname)
Forename(s) (in full)
Mr./Mrs./Miss/... ¦Do not put mere
¦
¦initials.
¦
¦
¦
¦
+----------------T-------T---------T--------T--------------------------------------T-------------------------------------+
¦Date of birth: ¦ Day ¦ Month ¦ Year ¦ Place of birth
¦ Nationality ¦
¦ ¦
¦ ¦ ¦ ¦
¦
¦ ¦ ¦ ¦
¦ ¦
¦
+----------------T---T-------------------------------------------------------------+-------------------------------------+
¦Status 1¦ ¦Serving official. Enter the complainant"s present
grade here. ............................. ¦See Article II(6) of
¦ +---+
¦the Tribunal"s
¦Tick one.
2¦ ¦Former official. Enter the complainant"s final grade here.
............................... ¦Statute.
¦ +---+
¦
¦ 3¦ ¦Other. Enter the name of the
official whose rights the complainant is relying on. ¦
¦ L-T--
¦
¦ ¦
Family name Forename(s)
Mr./Mrs./Miss/... ¦
¦ ¦
¦
¦ ¦
¦
¦
¦
¦
¦ ¦
¦
¦ ¦ Complainant"s relationship to that
official:................................................... ¦
+------------------+-----------------------------------------------------------------------------------------------------+
¦The complainant"s representative <*>, if any, under Article 5(1) of
the Rules ¦
¦
