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Interpretation (237,-666)

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Keywords: Interpretation
Total judgments found: 180

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  • Judgment 1718


    84th Session, 1998
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Article VII(1) of the Tribunal's Statute, which is about the implied rejection of a claim, serves to allow a complainant who has got no decision on his claim to act as if a final decision had been taken. "If no decision is forthcoming within sixty days of the notification of the claim to the administration, the complainant may, within a further time limit of ninety days, bring a complaint against the implied rejection, which becomes the impugned decision. [...] There is no provision for applying to the Tribunal for an order to the Director general to state a negative final decision."

    Reference(s)

    ILOAT reference: ARTICLE VII(3) OF THE STATUTE

    Keywords:

    complaint; date of notification; iloat statute; implied decision; interpretation; time limit;



  • 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 1618


    82nd Session, 1997
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    The purpose of the rule in Article 38 of the Service Regulations is such that "the need for further consultation would be understandable if the proposals had been so radically amended as to be really new ones."

    Reference(s)

    Organization rules reference: ARTICLE 38 OF EPO SERVICE REGULATIONS

    Keywords:

    advisory body; consultation; interpretation; purpose; staff regulations and rules;



  • Judgment 1553


    81st Session, 1996
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 24

    Extract:

    UNESCO Staff Regulation 4.4 grants priority to serving staff for appointment to vacant posts. "Despite the unanimous recommendations by the senior personnel advisory boards and by the Appeals Board the Organization failed to give the complainant priority for vacant posts. It put the wrong question to its units and to its bureau of personnel. The right question was not whether there was a post that fitted her qualifications and experience but whether there was a post of which she was capable of fulfilling the duties competently. [...] No instructions went out that she should be given priority for any vacant posts. So the decision to terminate her services rested on a misinterpretation of Regulation 4.4 and so on a mistake of law. That decision must therefore be set aside".

    Reference(s)

    Organization rules reference: UNESCO STAFF REGULATION 4.4

    Keywords:

    abolition of post; candidate; complaint allowed; complaint allowed in part; decision; decision quashed; internal candidate; interpretation; material damages; moral injury; organisation's duties; priority; qualifications; reassignment; reinstatement; staff regulations and rules; termination of employment; vacancy;



  • Judgment 1502


    81st Session, 1996
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The Organization's "own interests and sound management demand strict compliance with time limits, and non-compliance means forfeiting a right or the exercise thereof: see Judgment 1446 [...] under 3, the further judgments cited therein and Judgment 1485 [...]. A time limit is not to be waived just because claims are seldom late or because the consequences of refusing waiver would be too harsh."

    Reference(s)

    ILOAT Judgment(s): 1466, 1485

    Keywords:

    case law; delay; exception; interpretation; staff regulations and rules; time bar; time limit; written rule;

    Consideration 6

    Extract:

    "Time limits must be construed in good faith. If an organisation wants to put procedural restrictions on one of the staff member's rights or on the exercise thereof it must draft clearly enough to avoid setting traps."

    Reference(s)

    ILOAT Judgment(s): 1376

    Keywords:

    case law; delay; good faith; interpretation; time bar; time limit; written rule;

    Consideration 9

    Extract:

    "The time limit must start at the date at which payment becomes due. If that were not so, the lapse of time would work to the claimant's detriment for as long as the rules precluded his making the claim. To make the would-be claimant wait, for any reason, before making the claim bars repayment. So the staff have grounds for supposing that they are not free [under Staff Regulation R VIII 1.01] to make claims until they can group." That being a reasonable construction, "for CERN to impose a narrower one would be an abuse of authority."

    Reference(s)

    Organization rules reference: CERN STAFF REGULATION R VIII 1.01

    Keywords:

    good faith; interpretation; no provision; staff member's interest; staff regulations and rules; time bar; time limit; written rule;



  • Judgment 1494


    80th Session, 1996
    Intergovernmental Organisation for International Carriage by Rail
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "Though the Tribunal held in [Judgment 938 under] 12 that 'a staff member cannot be separated while on sick leave', the ruling must be seen in context: it cannot apply to termination in any circumstances whatever. [...] In [that] case the defendant organisation had dismissed [a staff member] at a time when she said she was ill and had applied for sick leave. The Organisation refused to grant her the leave on the grounds that she was not ill."

    Reference(s)

    ILOAT Judgment(s): 938

    Keywords:

    case law; contract; extension of contract; illness; international civil service principles; interpretation; non-renewal of contract; sick leave; social benefits; staff regulations and rules;

    Consideration 7

    Extract:

    "Whether sick leave is to be extended beyond the date of expiry of an appointment is a question to be seen first and foremost in the light of the social protection afforded by an organisation's rules, which are to be construed according to the law of the international civil service."

    Keywords:

    case law; contract; international civil service principles; interpretation; sick leave; social benefits; staff regulations and rules;



  • Judgment 1489


    80th Session, 1996
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "Article 28 of the Service Regulations [...] does entitle officials to protection against attacks related to their status or duties and to compensation for injury. But, as was said in Judgment 1270 [...], its purpose is not to settle a dispute that has arisen within the Organisation itself. So it affords no basis for a claim to help from the Organisation against treatment by a supervisor."

    Reference(s)

    Organization rules reference: ARTICLE 28 OF THE EPO SERVICE REGULATIONS
    ILOAT Judgment(s): 1270

    Keywords:

    compensation; injury; interpretation; moral injury; official; staff regulations and rules; supervisor;



  • Judgment 1488


    80th Session, 1996
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    Article 38(3) of the Service Regulations, which provides for consultation of an advisory body, does "apply to cases where the Service Regulations and Pension Scheme Regulations are to be amended or 'implementing rules' are to be made, and the legal status of staff is thereby to be affected. But it goes further: it applies to cases where 'any proposal' is made 'which concerns the whole or part of the staff'. So it casts a wide net that goes beyond mere changes in legal provisions."

    Reference(s)

    Organization rules reference: ARTICLE 38(3) OF THE EPO SERVICE REGULATIONS

    Keywords:

    advisory body; complaint allowed; complaint allowed in part; consultation; decision quashed; interpretation; staff regulations and rules;



  • Judgment 1464


    80th Session, 1996
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The complainant contends that her complaint is receivable because she may act under Article VII(3), the organization having failed to take its decision on her appeal within the sixty days' time limit set in that provision. But her reading of VII(3) is mistaken. It does not require that the process of appeal be completed within sixty days."

    Reference(s)

    ILOAT reference: ARTICLE VII(3) OF THE TRIBUNAL'S STATUTE

    Keywords:

    complaint; iloat statute; implied decision; internal appeal; internal remedies exhausted; interpretation; receivability of the complaint; time limit;



  • Judgment 1456


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    The Tribunal will disregard documents produced by the parties on the preparatory work for the material rules. They are fragmentary and the scant information they contain is unlikely to prove helpful. "In construing the rules the Tribunal is bound to take an objective view and pay heed, in line with the method approved in international law, to their wording, context, purport and purpose."

    Keywords:

    admissibility of evidence; evidence; interpretation; purpose; submissions; written rule;



  • Judgment 1455


    79th Session, 1995
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    Vide Judgment 532, consideration 3.

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 3, OF THE STATUTE
    ILOAT Judgment(s): 532

    Keywords:

    absence of final decision; case law; complaint; exception; failure to answer claim; iloat statute; implied decision; internal appeals body; internal remedies exhausted; interpretation; receivability of the complaint;



  • Judgment 1450


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "The decision is authoritative in the three official versions - English, French and German [...]. The EPO says that the German was the original in the preparatory work. But neither that nor the drafting of the complainants' contracts in German confers any greater authority on that version. In law there is but one decision, and the interpretation of it, which must be objective, must match its terms and purpose."

    Keywords:

    authentic version; decision; interpretation; language of rule; purpose; written rule;



  • Judgment 1429


    79th Session, 1995
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    See Judgment 1244.

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE STATUTE
    ILOAT Judgment(s): 1244

    Keywords:

    case law; complaint; iloat statute; internal appeal; internal remedies exhausted; interpretation; procedure before the tribunal; receivability of the complaint;



  • Judgment 1424


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    In the absence of implementing provisions, "what is required is a reasonable construction of the rule that heeds the rightful interests of staff and organisation alike."

    Keywords:

    criteria; enforcement; interpretation; organisation's interest; staff member's interest; staff regulations and rules; written rule;



  • Judgment 1422


    79th Session, 1995
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The Tribunal has ruled in Judgment 988 "that Regulation 4.9 allows the Secretary-General to promote someone even against the Appointment and Promotion Board's advice and is intended as a safeguard to ensure compliance with the rules on appointment and promotion. The intent is not to enable the Secretary-General to prefer a weaker candidate on compassionate or indeed any other grounds."

    Reference(s)

    Organization rules reference: ITU STAFF REGULATION 4.9
    ILOAT Judgment(s): 988

    Keywords:

    advisory body; advisory opinion; appointment; case law; discretion; due process; enforcement; executive head; interpretation; promotion; promotion board; safeguard; selection board; staff regulations and rules;



  • Judgment 1390


    78th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 27

    Extract:

    Article 15 of Annex 1 to the Eurocontrol Convention says that "the Agency shall be empowered to recruit personnel directly only if the contracting parties are unable to make qualified personnel available to it". The Tribunal holds that the provision "limits the organisation's freedom to recruit by giving priority to candidates prescribed by the contracting parties over 'outside' candidates, but it puts no restrictions on the organisation's freedom to assess the suitability of applicants, wherever they may come from, nor its right to give serving staff a reasonable opportunity of advancement provided that they are as well qualified as other candidates."

    Reference(s)

    Organization rules reference: ARTICLE 15 OF ANNEX 1 TO THE EUROCONTROL CONVENTION

    Keywords:

    appointment; candidate; career; case sent back to organisation; competition; competition cancelled; complaint allowed; decision quashed; discretion; equal treatment; internal candidate; international instrument; interpretation; legitimate expectation; member state; official; priority; promotion; qualifications;



  • Judgment 1385


    78th Session, 1995
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 12 and 13

    Extract:

    The complainant had his short-term appointment extended after a break during which he had an external collaboration contract. Under Rule 3.5 of the short-term rules whenever the appointment of a short-term official is extended by a period of less than one year so that the total continuous contractual service amounts to one year or more, the terms and conditions of a fixed-term appointment - with certain exceptions - apply. "The interruption of the complainant's appointment by the external collaboration contract was merely a device to deny him the protection of Rule 3.5 without forfeiting the benefit of his services. There being no change in the actual conditions of employment, the real intention was that he should continue to do the same work as before. [...] The external collaboration contract must be treated like any other of his short-term contracts that ensured continuity of service. So his 'total continuous contractual service' [exceeded one year] and he thus became entitled [...] to 'the terms and conditions of a fixed-term appointment'."

    Reference(s)

    Organization rules reference: ILO SHORT-TERM RULE 3.5

    Keywords:

    complaint allowed; complaint allowed in part; contract; duration of appointment; enforcement; extension of contract; external collaborator; fixed-term; intention of parties; interpretation; non-renewal of contract; short-term; staff regulations and rules; successive contracts;

    Consideration 12

    Extract:

    "As the Tribunal held in Judgment 701, under 5: 'the function of a court of law is to interpret and apply a contract in accordance with the intention of the parties.'"

    Reference(s)

    ILOAT Judgment(s): 701

    Keywords:

    case law; complaint allowed; complaint allowed in part; contract; enforcement; intention of parties; interpretation;



  • Judgment 1382


    78th Session, 1995
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4, 5 and 6

    Extract:

    The complainant was a locally recruited official in the general service category whose appointment was terminated after the paho abolished his post. He submits that the Organization ruled out the possibility of reassignment by limiting the geographical scope of a competition. The plea fails. WHO Manual paragraph II.9.290 confers no right on general service staff to reassignment on a post outside their duty station. Staff Rule 510.1 precludes reassignment of such staff outside their duty station unless there is mutual agreement and under Rule 1310.2 all posts in the general service category are subject to local recruitment.

    Reference(s)

    Organization rules reference: WHO MANUAL PARAGRAPH II.9.290; PAHO STAFF RULE 510.1; PAHO STAFF RULE 1310.2

    Keywords:

    appointment; duty station; general service category; interpretation; local status; reassignment; right; staff regulations and rules; written rule;



  • Judgment 1305


    76th Session, 1994
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "The Registrar's manifold responsibilities, which go far beyond the ambit of Article 7(4) [*] of the Rules of Court, include the general task of maintaining relations between the Tribunal and the parties and the just as important task of ensuring proper compilation of records on cases lodged with the Tribunal. In performing those tasks the Registrar is empowered ex officio to take any action he deems fit to safeguard due process."
    *since 1 May 1994, Article 6(2) of the Tribunal's Rules

    Reference(s)

    ILOAT reference: ARTICLE 6(2) RULES OF COURT

    Keywords:

    complaint; formal requirements; iloat statute; interpretation; procedure before the tribunal; receivability of the complaint; submissions; tribunal;

    Consideration 17

    Extract:

    In the light of article 7(4) [*] of the Rules on the procedure for correcting a complaint, the Tribunal holds that "since those who fall within the Tribunal's jurisdiction live far and wide and are free to plead their own case, it is the Registrar's particular duty to see that complaints filed with the Tribunal are correctly presented and to offer a complainant such comment or advice as he thinks proper for the correction of the papers."
    *since 1 May 1994, Article 6(2) of the Tribunal's Rules

    Reference(s)

    ILOAT reference: ARTICLE 7(4) RULES OF COURT

    Keywords:

    complaint; correction of complaint; formal requirements; iloat statute; interpretation; procedure before the tribunal; receivability of the complaint; submissions; tribunal;



  • Judgment 1299


    75th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4 and 7

    Extract:

    The Tribunal holds that the wording of UNESCO Staff Rule 105.4(a) "is not clear enough to allow of a ruling and that comparison between the English and French versions fails to resolve the issue. [...] The obscurity of the text prompts reference both to the 'preparatory work' on the rule and to the organization's practice in applying it."

    Reference(s)

    Organization rules reference: UNESCO STAFF RULE 105.4(A)

    Keywords:

    enforcement; interpretation; language of rule; practice; staff regulations and rules; written rule;

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