Chapter VIII. Decisions of national tribunal
Pages | 431-432 |
Chapter VIII
DECISIONS OF NATIONA L TRIBUNAL S
A. The United Mexican States
1. Amparo directo DT-558/2013, [Petitioner], Cuarto Tribunal Colegiado en Materia de
Trabajo del Primo Circuito1
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e Applicant was hired by the Internat ional Labour Organization (“ILO”) i n 2010 at
grade A-1. She served the Organization’s oce in Mexico under a series of shor t-term con-
tracts, act ing as coordinator of the “Stop Child Labour i n Agriculture” project. Followi ng a
mid-term evaluation on the progra mme, in April 2012 the Applicant was informed about
the Director-General ’s decision not to extend her contract beyond June2012. She chal-
lenged that decision before the ILO admi nistrative authorities, alleg ing that the Director-
General was required u nder national law to refer the decision on the renewa l of her con-
tract to the Federa l Board of Conciliation and Arbitration (“FBCA”). e ILO administr a-
tive authorities reached the conclusion that t he Applicant was entitled only to monetar y
compensation.
Against this de cision, the Applicant led a complaint with the FBCA, w ithout refer-
ring the case to t he ILO Administrative Tribunal. In declini ng its competence over the
case, the FBCA specied that the ILO enjoyed jurisdictional immunities as an interna-
tional organization in compliance with the relevant treaties and in accordance with the
memorandum sent by the ILO to the Permanent Mission of Mex ico to the UnitedNations
Oce and other international organizations in Geneva. e Applicant impugned the
FBCA’s decision through a d irect appeal to the Mexican Fourt h Collegial Tribunal of the
1 Ms. Idalia Peña Cri sto, President, Ms. Guad alupe Madrigal B ueno and Mr. Victor Ernesto
Maldonado Lara , Judges.
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