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Judgment No. 2567

Decision

The complaint is dismissed.

Consideration 5

Extract:

"[W]here a doubt arises regarding the meaning which should reasonably be given to the clause of a contract, according to the principle of good faith the clause should be interpreted to the detriment of the party which drafted the contract."

Keywords

general principle; good faith; interpretation; provision; contract; intention of parties

Consideration 6

Extract:

"[I]t must be recalled that according to Article VII, paragraph 1, of the Statute of the Tribunal '[a] complaint shall not be receivable unless the decision impugned is a final decision and the person concerned has exhausted such other means of resisting it as are open to him under the applicable Staff Regulations'. The Tribunal will on its own motion examine whether this condition of receivability is met (see Judgments 60, 1082 and 1095).

Reference(s)

ILOAT reference: Article VII, paragraph 1, of the Statute
ILOAT Judgment(s): 60, 1082, 1095

Keywords

complaint; decision; receivability of the complaint; internal remedies exhausted; iloat; iloat statute; staff regulations and rules; provision; staff member's duties; application of law ex officio; condition



 
Last updated: 14.05.2020 ^ top