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Judgment No. 2258

Decision

THE COMPLAINT IS DISMISSED.

Consideration 3

Extract:

"Communications from an organisation to a staff member must be interpreted according to the meaning that their addressee can reasonably ascribe to them. Since it owes a duty of care to its employees, an administration which intends to take a compulsory decision binding the person concerned must express its decision clearly so as to remove from its action any potentially harmful ambiguity."

Keywords

decision; injury; organisation's duties; interpretation; binding character; effect; duty of care

Consideration 5(b)

Extract:

Statutory provisions must be interpreted in such a way that their true meaning is preserved, taking into account, inter alia, the actual letter of the provision, its origin, its aim and its place within the legal framework of an organisation, and without necessarily dwelling on inaccurate or inappropriate terms.

Keywords

interpretation; interpretation of rules



 
Dernière mise à jour: 28.09.2021 ^ haut