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Application for interpretation

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Keywords: Application for interpretation
Total judgments found: 18

  • Judgment 3392


    118th Session, 2014
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal summarily dismissed the applications for interpretation and for review.

    Judgment's keywords

    Keywords:

    application for interpretation; application for review; res judicata; summary procedure;

    Consideration 7

    Extract:

    "The reference in the decision to the shielding of the successful candidate is not ambiguous; the Tribunal deliberately left it to the discretion of WHO as to how it should protect the candidate who had accepted the appointment in good faith. Moreover, the Tribunal notes that the complainant requests clarification of a part of the decision (i.e. the shielding of the successful candidate) that does not affect him directly. The Tribunal therefore sees no reason to interpret the judgment."

    Keywords:

    application for interpretation; organisation's duties;



  • Judgment 3154


    114th Session, 2013
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The ordinary meaning of 'gross salary' is the full amount of a staff member’s regular remuneration including allowances, overtime pay, commissions and bonuses, and any other amount usually paid, before any deductions are made. In context, the notion of 'gross salary' was chosen to indicate the base salary prior to the staff deduction, plus all allowances and benefits. This interpretation is consistent with the fact that the award of damages had to be the equivalent of reinstatement and that the express purpose was to compensate the complainant for the time he 'should have worked with the Union'."

    Keywords:

    amount; application for interpretation; compensation; damages; gross salary; interpretation; judgment;



  • Judgment 3153


    114th Session, 2013
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "As the complainant was not reinstated, her employment relationship with WMO ended on 3 November 2006 and with her separation from service, her right to participate in the UNJSPF ended (see Judgments 1338, 1797 and 1904). Further, as also stated in Judgment 2621 under 5, 'had it been its intent the Tribunal would have specifically ordered the payment of an amount equivalent to the pension fund contributions that would otherwise have been paid by the [organisation]'."

    Reference(s)

    ILOAT Judgment(s): 1338, 1797, 1904, 2621, 3061

    Keywords:

    application for execution; application for interpretation; case law; contributions; judgment; organisation's duties; pension; reinstatement; unjspf;



  • Judgment 2806


    106th Session, 2009
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    In Judgment 2575, the Tribunal annulled a decision to transfer the complainant from Vienna to Berlin. No action was taken to return him to Vienna. Instead, on 13 February 2007, the IOM informed him that he was to be transferred to Berlin with immediate effect. In Judgment 2691, the Tribunal declared that the decision of 13 February 2007 was "null and void ab initio".
    "Like all judicial bodies, the Tribunal has inherent jurisdiction and power to take action to ensure that its judgments are implemented. That power may be exercised in any proceedings where a question is raised with respect to the implementation of a judgment. Accordingly, an order will be made for a penalty to be paid in the event that [the complainant] is not posted to Vienna within 30 days."

    Reference(s)

    ILOAT Judgment(s): 2575, 2691

    Keywords:

    application for interpretation; application for review; continuing breach; delay; execution; general principle; judgment; judicial review; organisation's duties; res judicata; time limit;



  • Judgment 2483


    100th Session, 2006
    World Customs Organization (Customs Co-operation Council)
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The purpose of [an] application [for interpretation] cannot be to shed light on grounds of a ruling which are alleged to be unclear or contradictory. [The application for interpretation] must concern only the decision itself. It may, however, additionally concern the grounds of the ruling if the decision refers to them explicitly, in which case they must be seen as part of the latter."

    Keywords:

    application for interpretation; definition; grounds; judgment;



  • Judgment 1717


    84th Session, 1998
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Interpretation depends both on the context and on the nature of the text. [...] Judgment 1614 used the word [pay] to determine the amount of damages and ordered the fund to pay [the complainant] what she would have earned for six months' service. So 'pay' means the amount she would have actually received had she been under contract for those six months, and it must include salary and any allowances payable to her of whatever kind - post adjustment, family allowance, and so forth. It does not, however, include the compulsory health insurance and other contributions that were routinely docked from her emoluments."

    Reference(s)

    ILOAT Judgment(s): 1614

    Keywords:

    allowance; application for execution; application for interpretation; complaint allowed; complaint allowed in part; definition; interpretation; salary; tribunal;



  • Judgment 1521


    81st Session, 1996
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The WTO has applied for interpretation of [a given judgment]. It wants to know, in particular, whether that judgment prevents application to the complainant of one of its circulars. The Tribunal holds that [the judgment in question] is "quite clear and leaves no room for interpretation [...] what the organization really wants is that the Tribunal say whether the circular is lawful. That being so, its application is clearly irreceivable and must be dismissed under the summary procedure in Article 7 of its Rules."

    Reference(s)

    ILOAT reference: ARTICLE 7 ILOAT RULES

    Keywords:

    applicant organisation; application for interpretation; iloat statute; judgment; organisation; receivability; summary procedure;



  • Judgment 1306


    76th Session, 1994
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "when a decision is quashed it is deemed never to have been taken. the administration must do whatever the correction of the position in law may require and by due process take a new decision that is free from the fatal flaws in the quashed one and that gives effect to the tribunal's ruling in the light of the reasoning that underlies it."

    Keywords:

    application for interpretation; complaint allowed; decision quashed; due process; effect; flaw; judgment; organisation's duties;

    Consideration 7

    Extract:

    the complainant is challenging the upu's interpretation and execution of judgment 1235 in which the tribunal quashed the director-general's decision confirming his refusal to appoint him to a specific post and offering him compensation for moral injury. "the award of moral damages affords him redress for the injury the union's unlawful act caused him up to the date of judgment 1235; it does not relieve the union of remedying that unlawful act by reviewing the matter of his rights, and this time doing it properly."

    Reference(s)

    ILOAT Judgment(s): 1235

    Keywords:

    application for interpretation; complaint allowed; damages; decision quashed; execution; flaw; injury; judgment; moral injury; organisation's duties; purpose;

    Consideration 2

    Extract:

    "as was held in judgment 802, an application for interpretation of a judgment is receivable only if the meaning of the tribunal's ruling is uncertain or ambiguous."

    Reference(s)

    ILOAT Judgment(s): 802

    Keywords:

    application for interpretation; case law; complaint allowed; condition; receivability; res judicata;

    Consideration 3

    Extract:

    the complainant submits that the union failed to execute in full an earlier judgment in which the tribunal gave him satisfaction. the upu says that he failed to exhaust the internal means of appeal. the tribunal holds that his application for interpretation "is receivable because the parties disagree on how to combine [two points of the ruling in the material judgment], only the tribunal itself may resolve the issue, and there was no need to follow any internal appeal procedure beforehand".

    Keywords:

    application for interpretation; complaint allowed; execution; internal remedies exhausted; judgment; receivability; res judicata;



  • Judgment 1110


    71st Session, 1991
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    in judgment 996 the tribunal set aside the decision to dismiss the complainant and ordered his reinstatement "with full arrears of salary and allowances". in execution of that judgment the eso reinstated him as a member of its health insurance scheme as from the date of dismissal and deducted the corresponding premiums from his pay. the complainant's objections to the deductions are mistaken. the intention of judgment 996 was, as far as possible, to put the complainant in the same position as if he had not been dismissed. the tribunal is satisfied that in respect of health insurance the organisation has complied with the letter and the spirit of the judgment.

    Reference(s)

    ILOAT Judgment(s): 996

    Keywords:

    application for interpretation; consequence; contributions; deduction; insurance; insurance benefit; interpretation; judgment; payment; reinstatement; salary;



  • Judgment 1064


    70th Session, 1991
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2, Summary

    Extract:

    on 3 april 1990 the complainant filed an application for interpretation of judgment 972, which was delivered on 27 june 1989. neither the statute nor the rules of court set any time limit for the filing of such applications (vide judgment 538). the tribunal will look at the circumstances in which a claim is made before deciding what constitutes a reasonable time. in the instant case the complainant is not guilty of such delay as to make his application irreceivable.

    Reference(s)

    ILOAT Judgment(s): 538

    Keywords:

    application for interpretation; no provision; reasonable time; receivability; time limit;

    Consideration 4

    Extract:

    the organization took the word "rates" in point 2 of the tribunal's decision in judgment 972 to mean "rate of exchange". the only meaning the term can bear in the context is "rate of salary" and "rate of allowance" and "the clear intent is that the complainant should receive by way of damages for material injury a lump sum to be calculated by reference to the salary and allowances he was entitled to at the date of separation".

    Reference(s)

    ILOAT Judgment(s): 972

    Keywords:

    allowance; application for interpretation; complaint allowed; interpretation; rate; salary;

    Consideration 3, Summary

    Extract:

    an application for review will only be receivable if the operative part of the judgment is ambiguous or otherwise unclear. the present application is about the meaning of the word "rates" and therefore qualifies under the rule.

    Keywords:

    application for interpretation; condition; receivability;



  • Judgment 1042


    69th Session, 1990
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant objects to a reckoning giving effect to judgment 922, which set aside the decision to dismiss him and ordered payment of damages, insofar as the amount he got did not allow him the benefit of a further yearly salary increment. as the complainant's performance had not been declared satisfactory and therefore failed to meet the condition set out in the relevant rules, the tribunal dismisses the claim.

    Reference(s)

    ILOAT Judgment(s): 922

    Keywords:

    amount; application for interpretation; condition; damages; increment; satisfactory service;



  • Judgment 921


    65th Session, 1988
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "the text of the operative part [of judgment 868] is clear and calls for no explanation or interpretation. should the parties fail to agree on how to give effect to the tribunal's ruling, the complainant may, once the internal means of redress have been exhausted as required by article vii of the statute, seek from the tribunal a further ruling on any decision or decisions the competent administration may have taken in execution of the judgment."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE ILOAT STATUTE
    ILOAT Judgment(s): 868

    Keywords:

    application for execution; application for interpretation;

    Consideration 2

    Extract:

    "either party may in any event apply to the tribunal directly for interpretation of a judgment at any time after the judgment has been made known."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE ILOAT STATUTE

    Keywords:

    application for interpretation; locus standi;



  • Judgment 643


    54th Session, 1984
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    the tribunal had ordered the organisation to pay as compensation a sum equal to "three times the total gross remuneration" paid in respect of a particular time period. "the tribunal does not accept the organisation's argument that overtime is not part of the total gross remuneration; accordingly the deduction in respect of this item is unjustified."

    Reference(s)

    ILOAT Judgment(s): 507

    Keywords:

    amount; application for interpretation; complaint allowed; damages; gross salary; interpretation; judgment; overtime;



  • Judgment 609


    52nd Session, 1984
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 1, 2 and 4

    Extract:

    "by [its] judgment, the tribunal ordered the organization to pay to the complainant $40,000 as 'compensation for the unlawful termination of his contract' and also $6,000 as costs." the organization paid that sum to the complainant in execution of the said judgment. the complainant seeks reimbursement for any taxes he might have to pay on the sum. "no obscurity in the judgment is alleged or identified. [...] the argument does not attempt to bring the case within the very limited grounds on which the tribunal permits reconsideration or review." the complaint is dismissed.

    Reference(s)

    ILOAT Judgment(s): 523

    Keywords:

    application for interpretation; application for review; damages; execution; inadmissible grounds for review; judgment; refund; tax;



  • Judgment 538


    49th Session, 1982
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "the complainant is entitled under judgment no 359 to payment of compensation amounting to one year's salary. he was paid by the month, not at the end of the year. to place him in the position the tribunal intended, the sum due should therefore be calculated monthly [...]. the complainant is therefore right to ask to have the sums converted at the rates prevailing at the dates at which each monthly payment would have fallen due, not at the date when the full payment is made."

    Reference(s)

    ILOAT Judgment(s): 359

    Keywords:

    application for interpretation; complaint allowed; damages; exchange rate; reckoning; salary;



  • Judgment 536


    49th Session, 1982
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    the complainant applied for interpretation of judgments 404 and 422. "the judgments being clear and unambiguous, the application is dismissed."

    Reference(s)

    ILOAT Judgment(s): 404, 442

    Keywords:

    application for interpretation; condition; receivability;



  • Judgment 374


    42nd Session, 1979
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "it is clear from the wording of [judgment 306] that the 'one year's salary' to be paid in lieu of reinstatement is equivalent in the present instance to the salary which the complainant was receiving at the date when his appointment ended, i.e. the net salary which he was paid after deduction of tax at the source but including incidental allowances, and in particular post adjustment." there is no reason to take account of any possible increment.

    Reference(s)

    ILOAT Judgment(s): 306

    Keywords:

    allowance; amount; application for interpretation; complaint allowed in part; damages; definition; increment; net salary; post adjustment; salary;



  • Judgment 240


    33rd Session, 1974
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    the judgment in question is clear, suffers from no ambiguity and presents no difficulty of interpretation. there is no reason to interpret it... the organization, in issuing "a new certificate of service ... merely gave effect to the judgment by conforming closely to the orders contained therein. [the official in question] cannot therefore properly object to the new certificate of service provided by [the organization]."

    Reference(s)

    ILOAT Judgment(s): 211

    Keywords:

    application for interpretation;

    Considerations

    Extract:

    "a request for interpretation of a judgment by the administrative tribunal is receivable only if the operative part of the judgment gives rise to uncertainty or ambiguity about its meaning or purport."

    Reference(s)

    ILOAT Judgment(s): 211

    Keywords:

    application for interpretation; condition; receivability;


 
Last updated: 18.12.2014 ^ top