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Interpretation (237,-666)

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Keywords: Interpretation
Total judgments found: 180

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  • Judgment 254


    34th Session, 1975
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The Tribunal will not construe appraisal reports as if they were clauses in the Staff Rules. Indeed, the Tribunal will not normally entertain complaints about the contents of appraisal reports and will grant relief only if they show a total misconception of the situation."

    Keywords:

    application for quashing; competence of tribunal; interpretation; judicial review; performance report; rebuttal;



  • Judgment 250


    34th Session, 1975
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    A clause in the complainant's contract provides for compensation in the event of "illness". It is unclear whether the term applies to all cases of illness or only to cases of illness which were due to performance of duties. Under the second interpretation, the person concerned would be entitled to full compensation for the prejudice suffered and its direct consequences, for example disability. "Without settling that question, and assuming in the complainant's favour that the second interpretation is correct", the Tribunal notes that the illness was not related to the performance of his duties.

    Keywords:

    compensation; condition; contract; illness; injury; interpretation; provision; service-incurred;



  • Judgment 233


    32nd Session, 1974
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The purpose of PAHO Staff Rule 220.2 on promotions is to increment salaries. "Thus the fixing of the step must be construed as only the means by which the true object of the rule is to be secured. The means are the servant of the end not its master; the failure of the means prescribed cannot be allowed to defeat the object; the object must be achieved in some other appropriate way."

    Reference(s)

    Organization rules reference: PAHO STAFF RULE 220.2

    Keywords:

    criteria; increase; interpretation; promotion; provision; purpose; salary;



  • Judgment 219


    31st Session, 1973
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Maintenance, like dependence, can be defined in different ways. While it can be argued that a contribution to maintenance is a form of maintenance, it can also be claimed that only complete maintenance can truly be called maintenance." The meaning of the applicable texts has not been clearly stated in the new Staff Regulations.

    Keywords:

    criteria; dependant; dependent child; interpretation; parents separated;



  • Judgment 216


    31st Session, 1973
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    Vide Judgment 219, consideration 2.

    Reference(s)

    ILOAT Judgment(s): 219

    Keywords:

    criteria; dependant; dependent child; interpretation;



  • Judgment 181


    27th Session, 1971
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The date on which the appeal is despatched is the important one. "[I]n laying down that staff members must submit their appeal in writing to the [competent body] within 15 or 30 days, [the applicable provision] implies that the important one is that on which the appeal is despatched."

    Keywords:

    date; internal appeal; interpretation; receivability of the complaint; time limit;



  • Judgment 154


    23rd Session, 1970
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2 (B)

    Extract:

    It is stated in their contracts that officials are initially appointed to a given post, subject to possible transfer subsequently. "The wording [initially, subsequently] of this provision does not mean that in every case an official must perform the duties of the original post for a certain period of time before being required to accept re-assignment. If the first assignment appears straight away to be unsuitable, there is nothing to prevent his immediate re-assignment. Any other solution might be as damaging to the official as to the organisation."

    Keywords:

    appointment; assignment; interpretation; organisation's interest; time limit; transfer;



  • Judgment 123


    20th Session, 1968
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The Tribunal considers that within the meaning of [the applicable provision] two years of continuous service must be interpreted as a period of service as a staff member covered by the Staff Regulations and Rules." The complainant was so covered only by some of his contracts.

    Keywords:

    enforcement; interpretation; right; staff regulations and rules; time limit;



  • Judgment 77


    13th Session, 1964
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The relationship between the complainant and the organization is contractual. The Tribunal is competent only because the dispute has been submitted to it for arbitration. "In order to carry out the Commission thus entrusted to it, the Tribunal must therefore base its decision on the clauses of the contract which constituted [the complainant's] sole tie with [the organization], adopt generally accepted rules of interpretation on the subject of contracts and, in particular, inquire into the mutual intentions of the parties at the time that the said contract was concluded."

    Keywords:

    arbitration; competence of tribunal; complaint allowed in part; contract; enforcement; intention of parties; interpretation;



  • Judgment 21


    5th Session, 1955
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration on the substance (E)

    Extract:

    A circular provides for renewal if, in particular, the services of the person concerned are needed. "This expression cannot mean that the person concerned must be irreplaceable, in that no successor can be found; [...] it means only that the requirements of the service [...] must be permanent and that the said person must give full satisfaction therein and otherwise in all manner in the performance of his duties".

    Keywords:

    contract; fixed-term; interpretation; non-renewal of contract; organisation's interest; work appraisal;



  • Judgment 19


    5th Session, 1955
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration on the substance (E)

    Extract:

    Vide Judgment 21, consideration on the substance, (e).

    Reference(s)

    ILOAT Judgment(s): 21

    Keywords:

    contract; fixed-term; interpretation; non-renewal of contract; organisation's interest; work appraisal;

    Consideration on competence

    Extract:

    Vide Judgment 18, consideration on competence.

    Reference(s)

    ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
    ILOAT Judgment(s): 18

    Keywords:

    competence of tribunal; enforcement; interpretation; staff regulations and rules;



  • Judgment 18


    5th Session, 1955
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration on competence

    Extract:

    "The question is [...] a dispute concerning the interpretation and application of the Staff Regulations and Rules of the defendant organisation [...]. By virtue of Article II, paragraph 1, of its Statute, the Tribunal is competent to hear the said dispute."

    Reference(s)

    ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE

    Keywords:

    competence of tribunal; enforcement; interpretation; staff regulations and rules;



  • Judgment 17


    5th Session, 1955
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration on competence

    Extract:

    Vide Judgment 18, consideration on competence.

    Reference(s)

    ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
    ILOAT Judgment(s): 18

    Keywords:

    competence of tribunal; enforcement; interpretation; staff regulations and rules;



  • Judgment 11


    3rd Session, 1953
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "[I]t is unthinkable that the International Labour Organisation, which was established to ensure the security of all wage-earners, does not desire to ensure the security of all its officials, and [...] the spirit in which the existing legislation should be interpreted is thus quite clear".

    Keywords:

    competence of tribunal; domestic law; interpretation; no provision; security of tenure;



  • Judgment .15


    Sessions of the Administrative Tribunal of the League of Nations, 1946
    Nansen International Office for Refugees
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Judgment keywords

    Keywords:

    arbitration; equity; interpretation; ratione materiae;



  • Judgment .13


    Sessions of the Administrative Tribunal of the League of Nations, 1946
    League of Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Judgment keywords

    Keywords:

    amendment to the rules; delay; interpretation; promise; receivability of the complaint;



  • Judgment .08


    Sessions of the Administrative Tribunal of the League of Nations, 1946
    League of Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Judgment keywords

    Keywords:

    budgetary reasons; interpretation; local status; renewal of contrat;



  • Judgment .07


    Sessions of the Administrative Tribunal of the League of Nations, 1946
    League of Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Judgment keywords

    Keywords:

    budgetary reasons; interpretation; local status; renewal of contrat;



  • Judgment .06


    Sessions of the Administrative Tribunal of the League of Nations, 1946
    League of Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Judgment keywords

    Keywords:

    budgetary reasons; interpretation; local status; renewal of contrat;



  • Judgment .05


    Sessions of the Administrative Tribunal of the League of Nations, 1946
    League of Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Judgment keywords

    Keywords:

    budgetary reasons; interpretation; local status; renewal of contrat;

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Last updated: 13.08.2020 ^ top