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Interpretation (237,-666)

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Keywords: Interpretation
Total judgments found: 180

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  • Judgment 3742


    123rd Session, 2017
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the direct appointment of Ms S. to the position of Director, Office of Support to Decentralization.

    Consideration 4

    Extract:

    There is nothing in the provision which suggests the applicability of the ejusdem generis rule. The words of the provision are clear and must be so interpreted on the primary rule of interpretation that words which are unambiguous are to be given their obvious and ordinary meaning (see Judgments 1222, under 4, 3213, under 6, and 3707, under 4).

    Reference(s)

    ILOAT Judgment(s): 1222, 3213, 3707

    Keywords:

    interpretation;



  • Judgment 3734


    123rd Session, 2017
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the IAEA’s decision not to pay her compensation for the loss of earning capacity beyond the age of 60.

    Consideration 4

    Extract:

    The principles of statutory interpretation are well settled in the case law. The primary rule is that words are to be given their obvious and ordinary meaning and any ambiguity in a provision should be construed in favour of the staff member and not the organization (see, for example, Judgments 2276, under 4, and 3310, under 7). It is the obvious and ordinary meaning of the words in the provision that must be discerned and not just a phrase taken in isolation. Article 20(a) establishes the duration of the entitlement to compensation in cases where the loss of earning capacity is determined to be total. It provides that an official is entitled to this compensation from the date on which payment ceases under Article 17(a) and “for so long as the disability continues”. The provision is clear and unambiguous. The entitlement to compensation is contingent on the presence of the disability only. Moreover, if the drafter of the provisions had intended that the entitlement to the payment of the compensation terminate upon reaching the age of retirement, it would have been explicitly stated.

    Reference(s)

    ILOAT Judgment(s): 2276, 3310

    Keywords:

    interpretation;



  • Judgment 3701


    122nd Session, 2016
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the calculation of his reckonable previous experience upon recruitment.

    Consideration 4

    Extract:

    [I]t would be helpful [...] to recall the basic principles of interpretation as stated by the Tribunal. Those principles state that the words of a provision are to be interpreted in good faith giving them their ordinary and natural meaning in their context. Where the language of the text is clear and unambiguous, the words must be given effect without looking outside of the text to determine the meaning. Texts which are ambiguous are to be construed in favour of the staff member.

    Keywords:

    interpretation;



  • Judgment 3696


    122nd Session, 2016
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the calculation of her reckonable previous experience upon recruitment.

    Consideration 4

    Extract:

    [I]t would be helpful [...] to recall the basic principles of interpretation as stated by the Tribunal. Those
    principles state that the words of a provision are to be interpreted in good faith giving them their ordinary and natural meaning in their context. Where the language of the text is clear and unambiguous, the words must be given effect without looking outside of the text to determine the meaning. Texts which are ambiguous are to be construed in favour of the staff member.

    Keywords:

    interpretation;



  • Judgment 3557


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: As the complaint is clearly irreceivable, it is summarily dismissed.

    Consideration 5

    Extract:

    "A significant part of the complainant’s submissions is devoted to challenging certain modifications to the EPO’s internal appeal procedure which were introduced in 2013. In his claims for relief, he specifically asks the Tribunal to “clarify some points of the procedure of the Internal Appeals Committee”. The complainant clearly misunderstands the role of the Tribunal. A request for interpretation of a normative text of an organization cannot be formulated as an independent claim before the Tribunal, outside the context of alleged non-observance of the terms of appointment of an official. This claim is therefore clearly irreceivable."

    Keywords:

    competence of tribunal; interpretation; ratione materiae; receivability of the complaint;



  • Judgment 3483


    120th Session, 2015
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the FAO’s decision not to pay her a daily subsistence allowance during her appointment in Rome.

    Consideration 1

    Extract:

    "The Tribunal has often stated that the function of a court of law is to interpret and apply a contract in accordance with the real intention of the parties as expressed in the language of the contract. It is basic principle that when a term of employment is clear and unambiguous the parties are bound by that term unless there is evidence that warrants looking behind the mere wording of the text to ascertain the parties’ real intention (see, for example, Judgment 1385, under 12). The Tribunal has also stated that where any term of employment is expressed in writing, the intention of the parties is to be ascertained from the documents that are produced. A contract or term therein may be vitiated or varied if there is overwhelming evidence that the parties had a contrary intention to that which is expressed in the text (see, for example, Judgment 1634, under 21)."

    Reference(s)

    ILOAT Judgment(s): 1385, 1634

    Keywords:

    contract; interpretation;



  • Judgment 3434


    119th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that the EPO had correctly concluded that the complainant was not entitled to the reimbursement he claimed for the school fees of his children.

    Consideration 22

    Extract:

    The Tribunal has consistently stated that the staff regulations and staff rules of an international organisation are to be interpreted without resort to international instruments. Such instruments bind State Parties.

    Keywords:

    international instrument; interpretation;



  • Judgment 3432


    119th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant alleges that the EPO breached its duty of care towards him and successfully impugns the decision to award him a compensation which he considers inadequate.

    Consideration 10

    Extract:

    While the jurisprudence of the Tribunal militates against the conclusive interpretation of an agreement such as the 1977 Seat Agreement (see for example Judgment 1182, under 6) with a view to determining the rights and obligations of the parties under such an agreement, it does not follow that the duty of care of the international organisation bound by such an agreement cannot be measured by reference to the possibly if not probably correct interpretation. As the EPO quite properly and appropriately notes in its reply, the jurisprudence of this Tribunal holds that an international organisation can, in appropriate cases, “employ its own considerable power and authority and influence to have the [national] authorities change their position” (see Judgment 2032, consideration 17).

    Reference(s)

    ILOAT Judgment(s): 1182, 2032

    Keywords:

    headquarters agreement; interpretation;



  • Judgment 3369


    118th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the application of deductions to her dependant’s allowance for participation in a strike and the amount deducted from most elements of her remuneration.

    Consideration 12

    Extract:

    "The Tribunal has consistently held that any ambiguity in the regulations or rules established by an international organisation should, in principle, be construed in favour of staff and not of the organisation (see, for example, Judgments 1755, under 12, 2276, under 4, or 2396, under (a))."

    Reference(s)

    ILOAT Judgment(s): 1755, 2276, 2396

    Keywords:

    interpretation;



  • Judgment 3367


    118th Session, 2014
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal dismissed the complaint filed against the decision to not renew the complainant’s contract on the ground that his employment under short-term contracts was lawful.

    Consideration 9

    Extract:

    "The ILO’s argument about the interpretation of the Circular is correct. A document of this type, having regard to its purpose, should not be interpreted legalistically or in a narrow technical way."

    Keywords:

    interpretation;



  • Judgment 3356


    118th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: After the transfer of his pension rights acquired under a national scheme to the Organisation’s pension scheme, the complainant successfully challenges the refusal to recalculate the number of pensionable years credited to him.

    Consideration 21

    Extract:

    "This sole argument is [...] unsound. [T]he use of the future tense in the French version of the sentence in question might well, or more naturally, be taken to express a sequential relationship between the opening up of the possibility to effect a transfer and the lodging of the official’s application [...]. Moreover, it is well established in the Tribunal’s case law that when the regulations or rules of an international organisation are ambiguous they must in principle be construed in favour of
    the interests of its staff and not those of the organisation itself (see, for example, Judgments 1755, under 12, 2276, under 4, or 2396, under 3(a))."

    Reference(s)

    ILOAT Judgment(s): 1755, 2276, 2396

    Keywords:

    interpretation;



  • Judgment 3355


    118th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: After the transfer of his pension rights acquired under a national scheme to the Organisation’s pension scheme, the complainant successfully challenges the refusal to recalculate the number of pensionable years credited to him.

    Consideration 16

    Extract:

    "[I]t is well established in the Tribunal’s case law that when the regulations or rules of an international organisation are ambiguous they must in principle be construed in favour of the interests of its staff and not those of the organisation itself (see, for example, Judgments 1755, under 12, 2276, under 4, or 2396, under 3(a))."

    Reference(s)

    ILOAT Judgment(s): 1755, 2276, 2396

    Keywords:

    interpretation; staff member's interest;



  • Judgment 3293


    116th Session, 2014
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the amount of the reinstallation allowance which was granted to him.

    Judgment keywords

    Keywords:

    complaint dismissed; counterclaim; interpretation; refusal; repatriation allowance;



  • Judgment 3292


    116th Session, 2014
    Centre for the Development of Enterprise
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision not to grant him a reinstallation allowance.

    Judgment keywords

    Keywords:

    complaint dismissed; counterclaim; interpretation; refusal; repatriation allowance;



  • Judgment 3288


    116th Session, 2014
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant unsuccessfully challenges a recruitment process.

    Consideration 8

    Extract:

    "The Tribunal is of the opinion that, following the guidelines set out in Judgment 2959, the present complaint is unfounded. As Regulation 4.3 uses the term “normally”, the Tribunal finds that the Regulations governing the selection of staff members will be followed as written unless there is an exceptional situation in which it is not practicable to do so for objective reasons. Unlike the situation leading to Judgment 2959, the present complaint stems from a direct appointment that indeed can be considered as having occurred based on the “impracticability” of following the usual competitive selection process."

    Reference(s)

    ILOAT Judgment(s): 2959

    Keywords:

    appointment; competition; interpretation; post; provision; written rule;



  • Judgment 3251


    116th Session, 2014
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant's request to be included on the list of eligible candidates for personal promotion was dismissed by the Tribunal.

    Consideration 5

    Extract:

    "The Tribunal is of the opinion that the ILO conducted the 2008 personal promotion exercise in accordance with the applicable rules and procedures. The ILO properly applied the new Office Procedure (No. 125, which took effect from 22 October 2009) to the 2008 personal promotion exercise. [...] Considering that the 2008 promotion exercise was launched after Office Procedure No. 125 took effect, the ILO was correct to follow its provisions for the promotion exercise, and not those of Circular No. 334, Series 6, as the complainant suggests. The complainant did not have any acquired right to the 2008 promotion exercise, promotions being considered “an optional and exceptional discretionary measure which is subject to only limited review by the Tribunal” (see Judgments 2668, under 11, 1500, under 4, 1109, under 4, and 1973, under 5)."

    Reference(s)

    Organization rules reference: Office Procedure No. 125; Circular No. 334, Series 6
    ILOAT Judgment(s): 1109, 1500, 1973, 2668

    Keywords:

    acquired right; condition; discretion; interpretation; judicial review; organisation's duties; personal promotion; provision; staff regulations and rules; written rule;



  • Judgment 3203


    115th Session, 2013
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complaint is directed at the Secretary-General’s decision to refuse to recognise same-sex marriages.

    Consideration 8

    Extract:

    "It is true that the case law of the Tribunal on the question of benefits for same-sex partners has developed in the last decade. This is illustrated by Judgment 2860. Indeed, there are opinions of individual judges concluding that staff rules denying access to dependency benefits to same-sex partners are unenforceable because they violate fundamental principles of law (see, for example, the dissenting opinion of Justice Hugessen in Judgment 2193)."

    Reference(s)

    ILOAT Judgment(s): 2193, 2860

    Keywords:

    case law; definition; dependant; difference; enforcement; family allowance; interpretation; marital status; provision; same-sex marriage; social benefits; staff regulations and rules;



  • Judgment 3189


    114th Session, 2013
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants unsuccessfully challenge their placement in the new grade structure following the entry into force of the administrative reform at Eurocontrol.

    Consideration 8

    Extract:

    "[The] duty of care [...] does not in any way imply a duty always to interpret texts in the staff’s favour."

    Keywords:

    duty of care; interpretation; judicial review; organisation's duties; written rule;



  • Judgment 3166


    114th Session, 2013
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant alleges that he suffered harassment, mobbing and defamation on the part of his supervisors.

    Consideration 16

    Extract:

    "It has been accepted by this Tribunal that ultimately the question of whether conduct constitutes harassment is a matter of fact involving consideration of all the circumstances (see Judgment 2553)."

    Reference(s)

    ILOAT Judgment(s): 2553

    Keywords:

    harassment; interpretation; judicial review;



  • Judgment 3164


    114th Session, 2013
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenges the rejection of her request for a transfer, alleging harassment.

    Consideration 7(a)

    Extract:

    "[A]n organisation must interpret a staff member’s claims in good faith and read them as it might reasonably have been expected to do (see, in particular, Judgment 1768, under 3)."

    Reference(s)

    ILOAT Judgment(s): 1768

    Keywords:

    claim; good faith; interpretation; organisation's duties;

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Last updated: 11.08.2020 ^ top