Amaratunga v. Northwest Atlantic Fisheries Organization
Full Case Title: Amaratunga v. Northwest Atlantic Fisheries Organization, 2013 SCC 66, [2013] 3 S.C.R. 866, Supreme Court, judgment of 20 November 2013
Reference Number: Case No. 34501
Type of Document: Judicial decisions
International Organization: Northwest Atlantic Fisheries Organization
Year: 2013
Issuing Body: Supreme Court
Country: Canada
Tissa Amaratunga worked as a senior manager for the Northwest Atlantic Fisheries Organization (NAFO) from from 1988 until 2005 when the organization terminated the employment. He commenced a wrongful dismissal action before Canadian courts. NAFO objected that the Headquarter Agreement concluded with Canada and the NAFO Immunity Order grant to the organization immunity from national jurisdictions. In particular, the Order provides that NAFO enjoys jurisdictional immunity “to such extent as may be required for the performance of its functions”.
The Supreme Court had to evaluate whether NAFO’s immunity covers the claims advanced by Mr. Amaratunga. Having underlined the absence of a customary rule of international law conferring immunities on international organizations, the Court ascertained the scope of NAFO’s immunity by interpreting the texts of the Agreement and of the Order. Specifically, the Court held that NAFO’s immunity has a functional nature.
According to the Supreme Court, the exercise of Canadian courts’ jurisdiction over employment-related claims of senior officials would unduly interfere with NAFO’s autonomy in performing its functions. As noted by the Court, the claimant was the Deputy Executive Secretary of organization.
The Court also stressed that the absence of internal means of redress does not affect NAFO’s immunity. Thus, it concluded that national tribunals lack jurisdiction to evaluate the legitimacy of NAFO’s decision to terminate the employment of Mr. Amaratunga.
However, the Court found that NAFO’s immunity does not cover the separation indemnity claim. In this regard, it noted that rule 10.4 of the NAFO Staff Rules provides that a separation indemnity must be paid to any departing employee, regardless of the reasons for the termination of the employment relationship. The adjudication of legal claims aiming at enforcing the NAFO Staff rule would no determine an interference with the autonomy of the organization.