Judgment No. 4477
Decision
The complaint is dismissed.
Summary
The complainant claims compensation in lieu of notice of termination of appointment for reasons of health and the reimbursement of the days of annual leave he alleges that he had accrued before that termination.
Judgment keywords
Keywords
notice; complaint dismissed
Consideration 4
Extract:
In Judgment 4145, the Tribunal states as follows in respect of the principles of statutory interpretation:
“4. [...] 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 (see, for example, Judgments 3310, consideration 7, and 2276, consideration 4). Additionally, as the Tribunal stated in Judgment 3734, consideration 4, ‘[i]t is the obvious and ordinary meaning of the words in the provision that must be discerned and not just a phrase taken in isolation’.”
Reference(s)
ILOAT Judgment(s): 2276, 3310, 3734, 4145
Keywords
interpretation of rules
Consideration 11
Extract:
[W]ith regard to the complainant’s claim that the Appeal Board report of 2 February 2018, on which the impugned decision of 3 April 2018 is based, be set aside on account of a formal flaw [...] the Tribunal observes that an opinion issued by an appeal body is merely a preparatory step in the process of reaching a decision on the appeal which does not itself cause injury to the complainant. Claims against it are therefore irreceivable (see, for example, Judgments 4392, consideration 5, and 2113, consideration 6).
Reference(s)
ILOAT Judgment(s): 2113, 4392
Keywords
impugned decision; step in the procedure; report of the internal appeals body
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