Interpretation (237,-666)
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Keywords: Interpretation
Total judgments found: 195
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Judgment 3434
119th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that the EPO had correctly concluded that the complainant was not entitled to the reimbursement he claimed for the school fees of his children.
Consideration 22
Extract:
The Tribunal has consistently stated that the staff regulations and staff rules of an international organisation are to be interpreted without resort to international instruments. Such instruments bind State Parties.
Keywords:
international instrument; interpretation;
Judgment 3432
119th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant alleges that the EPO breached its duty of care towards him and successfully impugns the decision to award him a compensation which he considers inadequate.
Consideration 10
Extract:
While the jurisprudence of the Tribunal militates against the conclusive interpretation of an agreement such as the 1977 Seat Agreement (see for example Judgment 1182, under 6) with a view to determining the rights and obligations of the parties under such an agreement, it does not follow that the duty of care of the international organisation bound by such an agreement cannot be measured by reference to the possibly if not probably correct interpretation. As the EPO quite properly and appropriately notes in its reply, the jurisprudence of this Tribunal holds that an international organisation can, in appropriate cases, “employ its own considerable power and authority and influence to have the [national] authorities change their position” (see Judgment 2032, consideration 17).
Reference(s)
ILOAT Judgment(s): 1182, 2032
Keywords:
headquarters agreement; interpretation;
Judgment 3369
118th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the application of deductions to her dependant’s allowance for participation in a strike and the amount deducted from most elements of her remuneration.
Consideration 12
Extract:
"The Tribunal has consistently held that any ambiguity in the regulations or rules established by an international organisation should, in principle, be construed in favour of staff and not of the organisation (see, for example, Judgments 1755, under 12, 2276, under 4, or 2396, under (a))."
Reference(s)
ILOAT Judgment(s): 1755, 2276, 2396
Keywords:
interpretation;
Judgment 3367
118th Session, 2014
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal dismissed the complaint filed against the decision to not renew the complainant’s contract on the ground that his employment under short-term contracts was lawful.
Consideration 9
Extract:
"The ILO’s argument about the interpretation of the Circular is correct. A document of this type, having regard to its purpose, should not be interpreted legalistically or in a narrow technical way."
Keywords:
interpretation;
Judgment 3356
118th Session, 2014
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: After the transfer of his pension rights acquired under a national scheme to the Organisation’s pension scheme, the complainant successfully challenges the refusal to recalculate the number of pensionable years credited to him.
Consideration 21
Extract:
"This sole argument is [...] unsound. [T]he use of the future tense in the French version of the sentence in question might well, or more naturally, be taken to express a sequential relationship between the opening up of the possibility to effect a transfer and the lodging of the official’s application [...]. Moreover, it is well established in the Tribunal’s case law that when the regulations or rules of an international organisation are ambiguous they must in principle be construed in favour of
the interests of its staff and not those of the organisation itself (see, for example, Judgments 1755, under 12, 2276, under 4, or 2396, under 3(a))."
Reference(s)
ILOAT Judgment(s): 1755, 2276, 2396
Keywords:
interpretation;
Judgment 3355
118th Session, 2014
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: After the transfer of his pension rights acquired under a national scheme to the Organisation’s pension scheme, the complainant successfully challenges the refusal to recalculate the number of pensionable years credited to him.
Consideration 16
Extract:
"[I]t is well established in the Tribunal’s case law that when the regulations or rules of an international organisation are ambiguous they must in principle be construed in favour of the interests of its staff and not those of the organisation itself (see, for example, Judgments 1755, under 12, 2276, under 4, or 2396, under 3(a))."
Reference(s)
ILOAT Judgment(s): 1755, 2276, 2396
Keywords:
interpretation; staff member's interest;
Judgment 3293
116th Session, 2014
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the amount of the reinstallation allowance which was granted to him.
Judgment keywords
Keywords:
complaint dismissed; counterclaim; interpretation; refusal; repatriation allowance;
Judgment 3292
116th Session, 2014
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to grant him a reinstallation allowance.
Judgment keywords
Keywords:
complaint dismissed; counterclaim; interpretation; refusal; repatriation allowance;
Judgment 3288
116th Session, 2014
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant unsuccessfully challenges a recruitment process.
Consideration 8
Extract:
"The Tribunal is of the opinion that, following the guidelines set out in Judgment 2959, the present complaint is unfounded. As Regulation 4.3 uses the term “normally”, the Tribunal finds that the Regulations governing the selection of staff members will be followed as written unless there is an exceptional situation in which it is not practicable to do so for objective reasons. Unlike the situation leading to Judgment 2959, the present complaint stems from a direct appointment that indeed can be considered as having occurred based on the “impracticability” of following the usual competitive selection process."
Reference(s)
ILOAT Judgment(s): 2959
Keywords:
appointment; competition; interpretation; post; provision; written rule;
Judgment 3251
116th Session, 2014
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant's request to be included on the list of eligible candidates for personal promotion was dismissed by the Tribunal.
Consideration 5
Extract:
"The Tribunal is of the opinion that the ILO conducted the 2008 personal promotion exercise in accordance with the applicable rules and procedures. The ILO properly applied the new Office Procedure (No. 125, which took effect from 22 October 2009) to the 2008 personal promotion exercise. [...] Considering that the 2008 promotion exercise was launched after Office Procedure No. 125 took effect, the ILO was correct to follow its provisions for the promotion exercise, and not those of Circular No. 334, Series 6, as the complainant suggests. The complainant did not have any acquired right to the 2008 promotion exercise, promotions being considered “an optional and exceptional discretionary measure which is subject to only limited review by the Tribunal” (see Judgments 2668, under 11, 1500, under 4, 1109, under 4, and 1973, under 5)."
Reference(s)
Organization rules reference: Office Procedure No. 125; Circular No. 334, Series 6
ILOAT Judgment(s): 1109, 1500, 1973, 2668
Keywords:
acquired right; condition; discretion; interpretation; judicial review; organisation's duties; personal promotion; provision; staff regulations and rules; written rule;
Judgment 3203
115th Session, 2013
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaint is directed at the Secretary-General’s decision to refuse to recognise same-sex marriages.
Consideration 8
Extract:
"It is true that the case law of the Tribunal on the question of benefits for same-sex partners has developed in the last decade. This is illustrated by Judgment 2860. Indeed, there are opinions of individual judges concluding that staff rules denying access to dependency benefits to same-sex partners are unenforceable because they violate fundamental principles of law (see, for example, the dissenting opinion of Justice Hugessen in Judgment 2193)."
Reference(s)
ILOAT Judgment(s): 2193, 2860
Keywords:
case law; definition; dependant; difference; enforcement; family allowance; interpretation; marital status; provision; same-sex marriage; social benefits; staff regulations and rules;
Judgment 3189
114th Session, 2013
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants unsuccessfully challenge their placement in the new grade structure following the entry into force of the administrative reform at Eurocontrol.
Consideration 8
Extract:
"[The] duty of care [...] does not in any way imply a duty always to interpret texts in the staff’s favour."
Keywords:
duty of care; interpretation; interpretation of rules; judicial review; organisation's duties; written rule;
Judgment 3166
114th Session, 2013
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant alleges that he suffered harassment, mobbing and defamation on the part of his supervisors.
Consideration 16
Extract:
"It has been accepted by this Tribunal that ultimately the question of whether conduct constitutes harassment is a matter of fact involving consideration of all the circumstances (see Judgment 2553)."
Reference(s)
ILOAT Judgment(s): 2553
Keywords:
harassment; interpretation; judicial review;
Judgment 3164
114th Session, 2013
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges the rejection of her request for a transfer, alleging harassment.
Consideration 7(a)
Extract:
"[A]n organisation must interpret a staff member’s claims in good faith and read them as it might reasonably have been expected to do (see, in particular, Judgment 1768, under 3)."
Reference(s)
ILOAT Judgment(s): 1768
Keywords:
claim; good faith; interpretation; organisation's duties;
Judgment 3158
114th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges the lawfulness of the decision not to reimburse the pharmaceutical products prescribed by his doctor.
Consideration 6
Extract:
"[T]he conditions listed in the explanatory note of 20 October 2000 involve an interpretation of both 'generally accepted medical treatment' and 'proven therapeutic effects', in order to determine what constitutes 'medicines' for the purpose of Article 20(b)(2) of the [Collective Insurance Contract]. The Tribunal considers that such an interpretation implies a medical opinion. Accordingly, the questions of whether the products prescribed for the use of the complainant are 'medicines' for the purpose of the insurance policy and whether the complainant is entitled to be reimbursed under the policy consistent with his rights under Article 83 of the Service Regulations, require a medical opinion. As a result, these questions have to be referred to the Medical Committee in accordance with Article 90(1), paragraph 2 [...]."
Reference(s)
Organization rules reference: Articles 83 and 90 of Service Regulations
Keywords:
advisory body; health insurance; interpretation; medical board; medical expenses; staff regulations and rules;
Consideration 5
Extract:
"[T]he consensus between the Office and the insurance broker contained in the explanatory note of 20 October 2000
[...] should not be considered as binding, since it merely establishes guidelines interpreting the term 'medicines' as contained in Article 20(b)(2) of the [Collective Insurance Contract]."
Keywords:
health insurance; insurance; interpretation; medical expenses;
Judgment 3154
114th Session, 2013
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The ITU applies for interpretation of paragraph 2 of the decision in Judgment 2958 concerning the definition of "gross salary" for the calculation of termination indemnity.
Consideration 6
Extract:
"The ordinary meaning of 'gross salary' is the full amount of a staff member’s regular remuneration including allowances, overtime pay, commissions and bonuses, and any other amount usually paid, before any deductions are made. In context, the notion of 'gross salary' was chosen to indicate the base salary prior to the staff deduction, plus all allowances and benefits. This interpretation is consistent with the fact that the award of damages had to be the equivalent of reinstatement and that the express purpose was to compensate the complainant for the time he 'should have worked with the Union'."
Keywords:
amount; application for interpretation; compensation; gross salary; interpretation; judgment of the tribunal; material damages;
Judgment 3080
112th Session, 2012
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"[A] passing reference to "husband" or "wife" in the Staff Rules is not sufficient to warrant interpreting all the relevant provisions thereof as denying same-sex spouses the entitlements concerned (see Judgment 2590 [...], under 6)."
Reference(s)
ILOAT Judgment(s): 2590
Keywords:
dependant; interpretation; marital status; medical expenses; provision; same-sex marriage; social benefits; staff regulations and rules;
Judgment 3003
111th Session, 2011
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"[A]s the Tribunal pointed out in [...] Judgment 82, under 7, the execution of a judgment by an organisation cannot under any circumstances be considered as acceptance of the judgment, nor divest it of its right to submit the judgment to the International Court of Justice for an advisory opinion [under Article XII, paragraph 1, of the Statute of the Tribunal]."
Reference(s)
ILOAT reference: Article XII, paragraph 1, of the Statute
ILOAT Judgment(s): 82
Keywords:
acceptance; advisory opinion of icj; consequence; consultation; effect; execution of judgment; icj; iloat statute; interpretation; judgment of the tribunal; organisation; right of appeal;
Judgment 2959
110th Session, 2011
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"[T]he expression 'so far as practicable' cannot be interpreted to mean that for certain specific posts a competitive selection process can automatically be considered as not practicable (ubi lex voluit dixit, ubi noluit tacuit)."
Reference(s)
ILOAT Judgment(s): 2620
Keywords:
appointment; competition; interpretation; post; provision;
Judgment 2882
108th Session, 2010
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Although rules of procedure must be strictly complied with, they must not be construed too pedantically or set traps for staff members who are defending their rights. If these staff members break such a rule, the penalty must fit the purpose of the rule. Consequently, a staff member who appeals to the wrong body does not on that account forfeit the right of appeal (see Judgments 1734, under 3, and 1832, under 6). [...] The fact that an appeal is mistakenly submitted directly to the Appeal Board, as occurred in this case, cannot entail the irreceivability of the appeal. The Appeal Board has a duty to forward to the Director General any document which is intended for his attention and which has been sent to it in error, in order that it may be treated as a request for review."
Reference(s)
ILOAT Judgment(s): 1734, 1832
Keywords:
breach; due process; executive head; formal requirements; good faith; internal appeal; internal appeals body; interpretation; organisation's duties; proportionality; purpose; receivability of the complaint; right of appeal; staff member's duties; written rule;
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