Judgment No. 1849
1. The decision of 27 March 1998 is quashed.
2. The Organization shall pay the sum of $4,857.91 and the $100 per month retained by the Organization.
3. The Organization shall pay interest at 8 per cent per annum on the said sum of $4,857.91 and the sum of $100 per month from the date payment was due by the Organization to the date of payment.
4. The Organization shall pay the sum of $2,000 in costs.
5. His other claims are dismissed.
"The Tribunal considers that, in accordance with its jurisprudence, if an official receives an overpayment by mistake it should be reimbursed. Nevertheless, the organization should take into account any circumstances which would make it unfair or unjust to require repayment. [...] In the Tribunal's opinion there is no indebtedness by the complainant to the organization. It was responsible for making payments on behalf of the United Nations, but has been fully reimbursed. The organization therefore, was not entitled to withhold the grants due or make deductions from salary under rule 380.5.2 since the complainant was not indebted to it."
Organization rules reference: STAFF RULE 380.5.2 OF WHO
complaint allowed; complaint allowed in part; exception; amount; equity; recovery of overpayment; deduction; unjust enrichment; refund; criteria; debt