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Judgment No. 497

Decision

It is ordered
1. that the Organization pay to the complainant one-half of each sum deducted as aforesaid with interest thereon at the rate of 12 per cent per annum running from the date of each deduction,
2. that the Organization pay to the complainant US$500 as costs, and
3. that the other claims of the complainant be dismissed.

Consideration 2

Extract:

The complainant maintains that in an American university an academic year consists of the time taken to complete the courses prescribed for a scholastic year; it is open to the student, she says, to take four, five or six terms instead of the customary three. "The Tribunal on the other hand considers it to be beyond doubt that the regulation [providing for an education grant] refers to a scholastic year not exceeding twelve months."

Keywords

period; allowance; education expenses

Summary

Extract:

As the money [an education grant] was paid by mistake, prima facie it is recoverable. "But the extent to which recovery will be ordered depends on the circumstances of the case. In this case the Tribunal considers that it will be sufficient if the complainant repays half."

Keywords

recovery of overpayment; allowance; education expenses; unjust enrichment; condition



 
Last updated: 19.08.2020 ^ top