Interpretation (237,-666)
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Keywords: Interpretation
Total judgments found: 195
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Judgment 486
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The Tribunal is compétent to hear complaints alleging non-observance of the terms of appointment of officials and of such provisions of the staff regulations as are applicable to the case. The Tribunal has not given a narrow construction to 'terms of appointment'; it has treated the expression as sufficiently wide to cover obligations arising from the relationship created by the appointment."
Keywords:
competence of tribunal; contract; iloat statute; interpretation; provision; terms of appointment;
Judgment 479
47th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"By the inclusion of the word 'function' ['organe' in the French version] in the [material provision] it is obviously intended that the loss of the use of a limb or member shall be treated in the same way as the actual loss. Whether it means more than this is open to question. Unless it does, it will not apply to persons like the complainant who are incapacitated by disease." The organization chose to apply another provision by analogy.
Keywords:
illness; incapacity; interpretation; invalidity; provision; service-incurred; staff regulations and rules;
Judgment 469
47th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Staff Rules provide both for automatic termination of contract and advance notice. The Tribunal has consistently found that a decision not to re-appoint is required, as well as notice before the prescribed date. "To interpret the rule as terminating the appointment automatically on the expiry date whether or not a notification was given would not only do violence to the text by rendering the provision for notification otiose, but would also be unreasonable and unfair [...]."
Keywords:
case law; contract; date; fixed-term; interpretation; non-renewal of contract; notice; organisation's duties; provision; staff regulations and rules;
Judgment 382
42nd Session, 1979
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"It may or may not be relevant for the Tribunal to reach conclusions about the meaning and effect of [agreements between organisations and staff representatives] and to make findings about whether there has been a breach of them; if so, such conclusions may be expressed in the considerations leading to the order which the Tribunal makes. But they will not be part of the order and the Tribunal will not attend to requests for specific declarations."
Keywords:
competence of tribunal; effect; interpretation; staff union agreement;
Judgment 381
42nd Session, 1979
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
See Judgment 382, consideration 1.
Reference(s)
ILOAT Judgment(s): 382
Keywords:
competence of tribunal; effect; interpretation; staff union agreement;
Judgment 380
42nd Session, 1979
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 382, consideration 1.
Reference(s)
ILOAT Judgment(s): 382
Keywords:
competence of tribunal; effect; interpretation; staff union agreement;
Consideration 5
Extract:
It is significant that the defendant organisation has provided for the application of the United Nations Staff Rules and Regulations. "This Tribunal would therefore hesitate to depart from any interpretation which had been placed upon any regulation by the United Nations Tribunal. The fundamental question in issue cannot, however, be decided as a matter of pure interpretation." [cf. UNAT case No 225; UNAT Judgment No. 236]
Reference(s)
ILOAT Judgment(s): 236
Keywords:
case law; consequence; enforcement; iloat; interpretation; judgment of the tribunal; staff regulations and rules; unat;
Judgment 362
41st Session, 1978
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The word 'injury' [...] must be given the restricted meaning of physical injury. Not only is this consistent with its context, but if it were not so restricted it would be far wider than 'accident' in the French text."
Keywords:
iloat statute; interpretation; professional accident;
Judgment 323
39th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 29
Extract:
"[T]he comparison of wage rates, especially when they include fringe benefits, is a difficult task, which may often involve delicate choice between several solutions of almost equal merit. [...] The text to be interpreted is a set of principles and not of precise requirements. Where it is alleged that the Director-General has made an error of law in their interpretation, the Tribunal will consider the text broadly and will be careful not to put the Director-General's discretion into a legal straitjacket."
Keywords:
discretion; fringe benefits; interpretation; judicial review; rate; salary;
Judgment 315
39th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The clauses [of the letter of appointment] are clearly worded and formally establish that the salary stated in the contract was exclusive of any allowance, indemnity or additional sum of any kind. Hence the complainant may not claim a 'separation allowance' since none was provided for in his contract. In any case no such allowance existed at the time the contract was concluded."
Keywords:
allowance; complainant; contract; interpretation; right; salary;
Judgment 307
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4(D)
Extract:
"Paragraph 5 [of Article II] in the English text refers to non-observance of 'the terms of appointment', but in this context the word 'appointment' is not in the opinion of the Tribunal to be restricted to the narrow sense of a formal appointment. It must be treated as embracing a contract to make an appointment and in this sense it is consistent with the French text, 'contrat d'engagement'."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
competence of tribunal; contract; iloat statute; interpretation; language of rule; terms of appointment;
Judgment 292
38th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The article was amended by an office note. "The complainant's request for an interpretation of [the article] is a request for a decision relating to him; it may be made at any time and is not subject to any time limit. [The administration] never gave any decision upon the interpretation of [this] article [...] or upon the relationship to it of the office notices; this [...] is the substantial question in this case."
Keywords:
administrative instruction; amendment to the rules; decision; failure to answer claim; interpretation; provision; receivability of the complaint; request by a party; staff regulations and rules; time limit;
Consideration 25
Extract:
" [I]t is within the power of the Director-General to lay down by means of an instruction criteria for determining what is or is not 'reasonably near', provided that in doing so he has proper regard to the nature and purpose of the [material provision]. [...] He must be guided by accessibility for school children [...] to lay down [...] that for every official [...] every school within a radius of 50 kilometers [...] is to be deemed accessible is not a proper exercise of the power. Accordingly the provision to this effect [...] is not binding upon the complainant."
Keywords:
administrative instruction; competence; condition; criteria; education expenses; enforcement; executive head; interpretation; provision; refund; staff regulations and rules;
Judgment 285
37th Session, 1976
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"If, as the Tribunal believes, it is intended by [the material provision] that a pensioner should be paid in the currency of the country in which he "declares his home to be", the article should say so expressly. [...] It may well be considered desirable that he should have an option to change his country of residence and consequently the currency in which his pension is paid; if this is what is intended, the article should be limited to that."
Keywords:
currency of payment; interpretation; pension; residence; staff regulations and rules;
Consideration 6
Extract:
"The Tribunal observes that for some years the organisation itself misunderstood the combined effect of [the] articles [in question]. This is not surprising since the relationship between them is obscure; if they are left as they are, others besides the complainant are likely to be misled."
Keywords:
currency of payment; difference; interpretation; pension; provision; staff regulations and rules;
Judgment 271
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The words [in the material provision] are an abbreviated way of saying that the organization shall pay the reasonable expenses of the journey to and from the home. This means the reasonable expenses for the whole journey and not just a part of it. The Director-General may settle the details of the way in which the regulation is to be applied - he may, for example, rule that reasonable expenses do not cover first-class travel or an indirect route - but he may not alter the sense of it."
Keywords:
amount; home leave; interpretation; organisation's duties; provision; purpose; rate; refund; staff regulations and rules; travel expenses;
Judgment 257
34th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The material rule "leaves the solution to special arrangements to be made for maintaining the pensionable remuneration at its previous level [when promotion results in a reduction]. If the word 'on' is construed as meaning 'on or after' and the phrase 'at its previous level' is construed as meaning 'at the level at which it would otherwise have been', the word 'maintaining' can be given its full effect [...] Having regard to the manifest object of the rule, the Tribunal does not consider that this reading of it puts a strain upon the language which it cannot bear."
Keywords:
compensatory measure; consequence; interpretation; pension; pensionable remuneration; promotion; provision; reduction of salary; staff regulations and rules;
Judgment 256
34th Session, 1975
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Under the Staff Regulations, "any other documents relating to measures officially taken or considered in connection with the official" may be placed in an official's personal file. The text is ambiguous. Narrow construction: measures which give rise to rights or duties. Broader construction: all measures which may affect a staff member. "Literal interpretation not being conclusive, it is necessary to consider the purpose of the [provision] in order to determine its true meaning. [...] Its purpose is to make available information on the professional situation of each staff member." Thus the proper construction is "documents which affect his professional situation."
Keywords:
criteria; elements; interpretation; personal file; purpose;
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;
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