Interpretation (237,-666)
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Keywords: Interpretation
Total judgments found: 195
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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; consultation; 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 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; interpretation of rules; 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; competition; competition cancelled; 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 12-13
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:
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; contract; enforcement; intention of parties; interpretation;
Judgment 1382
78th Session, 1995
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-6
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) OF THE RULES
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) OF THE RULES
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;
Judgment 1297
75th Session, 1993
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
See Judgment 1296, consideration 7.
Reference(s)
Organization rules reference: ARTICLE 67(2) OF THE EPO SERVICE REGULATIONS
Keywords:
case law; european court of justice (ecj); interpretation; law of european communities; purport; staff regulations and rules; written rule;
Judgment 1296
75th Session, 1993
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The Tribunal is not bound by the rulings of the Court of Justice of the European Communities, but inasmuch as Article 67(2) is derived from the article bearing the same number in the Staff Regulations of the Communities, the Court's decisions do carry persuasive authority."
Reference(s)
Organization rules reference: ARTICLE 67(2) OF THE EPO SERVICE REGULATIONS
Keywords:
case law; european court of justice (ecj); interpretation; law of european communities; purport; staff regulations and rules; written rule;
Judgment 1276
75th Session, 1993
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"It is [...] proper to take consistent EPO practice as a guideline: it would be quite unreasonable to put on a poorly drafted text a construction that disrupted such administrative practice. Everyone concerned has till now seen it as striking a fair balance".
Keywords:
interpretation; organisation's interest; practice; staff regulations and rules; tribunal;
Judgment 1245
74th Session, 1993
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"The Tribunal is not competent to interpret the [United Nations Joint Staff Pension] Fund Regulations. It is for the Fund, and ultimately the United Nations Administrative Tribunal on Appeal, to determine whether the complainant is entitled to participate in the Fund under those regulations and, if so, as from what date."
Keywords:
competence of tribunal; interpretation; unat; unjspf; written rule;
Judgment 1235
74th Session, 1993
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant took part in a competition as an internal candidate and his name was first on the short list drawn up by the Appointment and Promotion Committee. He is challenging the Director-General's decision to appoint an external candidate to the post he applied for. The decision rested on considerations of geographical distribution and UPU Staff Regulation 4.1. The Union pleads that when three posts as head of section fall vacant at the same time at least one successful candidate must be an outside one so as not to impede "the recruitment of fresh talent" that Regulation 4.3 requires. "But that is not at all what 4.3 says. equitable geographical distribution is a criterion that plainly is to apply only to recruitment, not to promotion, and there is no requirement in the Staff rRgulations or Rules that the Director-General recruit 'fresh talent' just because three posts as head of section have to be filled at the same time. The Director-General was obviously wrong in putting that construction on the rule."
Reference(s)
Organization rules reference: UPU STAFF REGULATION 4.3
Keywords:
appointment; candidate; competition; geographical distribution; internal candidate; interpretation; staff regulations and rules; written rule;
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