Judgment No. 1347

• Organization: Pan American Health Organization (PAHO)
• Date: 13.07.1994
• Original: English
• Judges: Fernando, Pescatore, Douglas
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 13

Extract:

The complainant received financial aid from the PAHO to pursue her studies. Her university waived part of her tuition fees so that the cost to her was less than the amount she collected. "The conclusion is that she did not take sufficient care to make full disclosure to the organization of the assistance given by the university."

Keywords

amount; duty to inform; allowance; education expenses; unjust enrichment; refund; staff member's duties

Consideration 14

Extract:

The complainant received financial aid from the PAHO to pursue her studies. Her university waived part of her tuition fees so that the cost to her was less than the amount she collected. "Having obtained financial benefits to which she was not entitled, the complainant was under an obligation to refund the over-payments and the PAHO was entitled to recover them."

Keywords

amount; recovery of overpayment; allowance; education expenses; unjust enrichment; refund

Considerations 15-16

Extract:

The complainant received a study allowance for her tuition costs in an amount greater than she was entitled to. The PAHO asked her to repay the overpayment and took away some of her responsibilities. She regards the removal of certain responsibilities as unwarranted disciplinary action. But "the PAHO was entitled to take administrative action to prevent lapses in the future. Changing her duties for those reasons may not be regarded as a disciplinary measure either."

Keywords

recovery of overpayment; amendment to the rules; post description; allowance; education expenses; unjust enrichment; disciplinary measure; organisation's interest