Judgment No. 4179

• Organization: Food and Agriculture Organization of the United Nations (FAO)
• Date: 03.07.2019
• Original: English
• Judges: Barbagallo, Rawlins, Kreins
• Full judgment text - Full judgment text (french)

Decision

The application for interpretation is dismissed.

Summary

The complainant filed an application for interpretation of Judgment 3879.

Judgment keywords

Keywords

application for interpretation; complaint dismissed

Consideration 3

Extract:

According to the Tribunal’s case law, an application for the interpretation of any aspect of a judgment will not be receivable where the judgment is clear and unambiguous and the application is merely filed “to obtain an opinion on a legal issue, to obtain a reply from the Tribunal to a question that it was not required to address in the context of the judgment to which the application relates, or to circumvent an internal procedure in which disputes regarding the execution of the judgment could be resolved in accordance with the adversarial principle” (see, for example, Judgment 3014, under 3).

Reference(s)

ILOAT Judgment(s): 3014

Keywords

application for interpretation

Consideration 4

Extract:

Point 2 [of the decision] would not be ambiguous merely because the parties subjectively may not agree on its meaning or effect, as the complainant suggests. Objectively, point 2 of the decision in Judgment 3879 is clear and unambiguous. It means that, the Tribunal having set aside the complainant’s 2011 PACE appraisal report and ordered its removal from his file, it is not to be taken into account as a valid PACE appraisal report affecting any decisions or actions concerning the complainant.

Reference(s)

ILOAT Judgment(s): 3879

Keywords

application for interpretation