Judgment 1717
84th Session, 1998
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Interpretation depends both on the context and on the nature of the text. [...] Judgment 1614 used the word [pay] to determine the amount of damages and ordered the fund to pay [the complainant] what she would have earned for six months' service. So 'pay' means the amount she would have actually received had she been under contract for those six months, and it must include salary and any allowances payable to her of whatever kind - post adjustment, family allowance, and so forth. It does not, however, include the compulsory health insurance and other contributions that were routinely docked from her emoluments."
Reference(s)
ILOAT Judgment(s): 1614
Keywords:
allowance; application for execution; application for interpretation; definition; interpretation; salary; tribunal;
Judgment 1521
81st Session, 1996
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The WTO has applied for interpretation of Judgment 1407. It wants to know, in particular, whether that judgment prevents application to the complainant of one of its circulars. The Tribunal holds that [the judgment in question] is "quite clear and leaves no room for interpretation [...] what the organization really wants is that the Tribunal say whether the circular is lawful. That being so, its application is clearly irreceivable and must be dismissed under the summary procedure in Article 7 of its Rules."
Reference(s)
ILOAT reference: ARTICLE 7 OF THE RULES
Keywords:
application for interpretation; judgment of the tribunal; organisation; receivability of the complaint; summary procedure;
Judgment 1306
76th Session, 1994
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"When a decision is quashed, it is deemed never to have been taken. The Administration must do whatever the correction of the position in law may require and by due process take a new decision that is free from the fatal flaws in the quashed one and that gives effect to the Tribunal's ruling in the light of the reasoning that underlies it."
Keywords:
application for interpretation; due process; effect; flaw; judgment of the tribunal; organisation's duties;
Consideration 7
Extract:
The complainant is challenging the UPU's interpretation and execution of Judgment 1235 in which the Tribunal quashed the Director-General's decision confirming his refusal to appoint him to a specific post and offering him compensation for moral injury. "The award of moral damages affords him redress for the injury the Union's unlawful act caused him up to the date of Judgment 1235; it does not relieve the Union of remedying that unlawful act by reviewing the matter of his rights, and this time doing it properly."
Reference(s)
ILOAT Judgment(s): 1235
Keywords:
application for interpretation; execution of judgment; flaw; injury; judgment of the tribunal; moral injury; organisation's duties; purpose;
Consideration 2
Extract:
"As was held in Judgment 802, an application for interpretation of a judgment is receivable only if the meaning of the Tribunal's ruling is uncertain or ambiguous."
Reference(s)
ILOAT Judgment(s): 802
Keywords:
application for interpretation; case law; condition; receivability of the complaint; res judicata;
Consideration 3
Extract:
The complainant submits that the Union failed to execute in full an earlier judgment in which the Tribunal gave him satisfaction. The UPU says that he failed to exhaust the internal means of appeal. The Tribunal holds that his application for interpretation "is receivable because the parties disagree on how to combine [two points of the ruling in the material judgment], only the Tribunal itself may resolve the issue, and there was no need to follow any internal appeal procedure beforehand".
Keywords:
application for interpretation; execution of judgment; internal remedies exhausted; judgment of the tribunal; receivability of the complaint; res judicata;
Judgment 1110
71st Session, 1991
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
In Judgment 996 the Tribunal set aside the decision to dismiss the complainant and ordered his reinstatement "with full arrears of salary and allowances". In execution of that judgment the ESO reinstated him as a member of its health insurance scheme as from the date of dismissal and deducted the corresponding premiums from his pay. The complainant's objections to the deductions are mistaken. The intention of Judgment 996 was, as far as possible, to put the complainant in the same position as if he had not been dismissed. The Tribunal is satisfied that in respect of health insurance the organisation has complied with the letter and the spirit of the judgment.
Reference(s)
ILOAT Judgment(s): 996
Keywords:
application for interpretation; consequence; contributions; deduction; health insurance; insurance; interpretation; judgment of the tribunal; medical expenses; payment; reinstatement; salary;
Judgment 1064
70th Session, 1991
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2, Summary
Extract:
On 3 April 1990 the complainant filed an application for interpretation of Judgment 972, which was delivered on 27 June 1989. Neither the Statute nor the Rules of Court set any time limit for the filing of such applications (see Judgment 538). The Tribunal will look at the circumstances in which a claim is made before deciding what constitutes a reasonable time. In the instant case the complainant is not guilty of such delay as to make his application irreceivable.
Reference(s)
ILOAT Judgment(s): 538
Keywords:
application for interpretation; no provision; reasonable time; receivability of the complaint; time limit;
Considerations 3-4
Extract:
[A]n application for interpretation is receivable only if the operative part of the judgment is ambiguous or otherwise unclear. The present application is about the meaning of the term "rates" and therefore qualifies under the rule as stated in that judgment. [...]
The only meaning the term "rates" in point 2 can bear is "rate of salary" and "rate of allowances". Nowhere in the judgment is there any allusion to a "rate of exchange", and the clear intent is that the complainant should receive by way of damages for material injury a lump sum to be calculated by reference to the salary and allowances he was entitled to at the date of separation.
Keywords:
allowance; application for interpretation; interpretation; rate; salary;
Judgment 1042
69th Session, 1990
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant objects to a reckoning giving effect to Judgment 922, which set aside the decision to dismiss him and ordered payment of damages, insofar as the amount he got did not allow him the benefit of a further yearly salary increment. As the complainant's performance had not been declared satisfactory and therefore failed to meet the condition set out in the relevant rules, the Tribunal dismisses the claim.
Reference(s)
ILOAT Judgment(s): 922
Keywords:
amount; application for interpretation; condition; increment; material damages; satisfactory service;
Judgment 921
65th Session, 1988
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The text of the operative part [of Judgment 868] is clear and calls for no explanation or interpretation. Should the parties fail to agree on how to give effect to the Tribunal's ruling, the complainant may, once the internal means of redress have been exhausted as required by Article VII of the Statute, seek from the Tribunal a further ruling on any decision or decisions the competent administration may have taken in execution of the judgment."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
ILOAT Judgment(s): 868
Keywords:
application for execution; application for interpretation;
Consideration 2
Extract:
"Either party may in any event apply to the Tribunal directly for interpretation of a judgment at any time after the judgment has been made known."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
application for interpretation; locus standi;
Judgment 802
61st Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
[A]n application for interpretation of a judgment is receivable only if the operative part gives rise to uncertainty or ambiguity about its meaning or import.
Keywords:
application for interpretation;
Judgment 643
54th Session, 1984
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Tribunal had ordered the organisation to pay as compensation a sum equal to "three times the total gross remuneration" paid in respect of a particular time period. "The Tribunal does not accept the organisation's argument that overtime is not part of the total gross remuneration; accordingly the deduction in respect of this item is unjustified."
Reference(s)
ILOAT Judgment(s): 507
Keywords:
amount; application for interpretation; gross salary; interpretation; judgment of the tribunal; material damages; overtime;
Judgment 609
52nd Session, 1984
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 1, 2 and 4
Extract:
"By [its] judgment, the Tribunal ordered the organization to pay to the complainant $40,000 as 'compensation for the unlawful termination of his contract' and also $6,000 as costs." The organization paid that sum to the complainant in execution of the said judgment. The complainant seeks reimbursement for any taxes he might have to pay on the sum. "No obscurity in the judgment is alleged or identified. [...] The argument does not attempt to bring the case within the very limited grounds on which the tribunal permits reconsideration or review." The complaint is dismissed.
Reference(s)
ILOAT Judgment(s): 523
Keywords:
application for interpretation; application for review; execution of judgment; inadmissible grounds for review; judgment of the tribunal; material damages; refund; tax;
Judgment 538
49th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complainant is entitled under Judgment No 359 to payment of compensation amounting to one year's salary. He was paid by the month, not at the end of the year. To place him in the position the Tribunal intended, the sum due should therefore be calculated monthly [...]. The complainant is therefore right to ask to have the sums converted at the rates prevailing at the dates at which each monthly payment would have fallen due, not at the date when the full payment is made."
Reference(s)
ILOAT Judgment(s): 359
Keywords:
application for interpretation; exchange rate; reckoning; salary;
Judgment 536
49th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant applied for interpretation of Judgments 404 and 422. "The judgments being clear and unambiguous, the application is dismissed."
Reference(s)
ILOAT Judgment(s): 404, 442
Keywords:
application for interpretation; condition; receivability of the complaint;
Judgment 374
42nd Session, 1979
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It is clear from the wording of [Judgment 306] that the 'one year's salary' to be paid in lieu of reinstatement is equivalent in the present instance to the salary which the complainant was receiving at the date when his appointment ended, i.e. the net salary which he was paid after deduction of tax at the source but including incidental allowances, and in particular post adjustment. There is no reason however to take account of any increment which he might have received had he remained on the staff."
Reference(s)
ILOAT Judgment(s): 306
Keywords:
allowance; amount; application for interpretation; definition; increment; material damages; net salary; post adjustment; salary;
Judgment 240
33rd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[The judgment in question] is clear, suffers from no ambiguity and presents no difficulty of interpretation. The Tribunal therefore sees no reason to interpret that judgment."
Reference(s)
ILOAT Judgment(s): 211
Keywords:
application for interpretation;
Considerations
Extract:
"A request for interpretation of a judgment by the Administrative Tribunal is receivable only if the operative part of the judgment gives rise to uncertainty or ambiguity about its meaning or purport."
Reference(s)
ILOAT Judgment(s): 211
Keywords:
application for interpretation; condition; receivability of the complaint;
