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Judgment No. 874

Decision

1. THE ILO SHALL PAY THE COMPLAINANT INTEREST AT THE RATE OF 5 PER CENT A YEAR ON THE INDEMNITY IT PAID HER UNDER ARTICLE 11.16 OF THE STAFF REGULATIONS FOR THE PERIOD FROM 1 JANUARY 1986 UP TO 9 JANUARY 1987, THE DATE OF PAYMENT OF THE PRINCIPAL.
2. IT SHALL PAY HER INTEREST AT THE RATE OF 5 PER CENT A YEAR ON THE SUM DUE UNDER 1 FROM 10 JANUARY 1987 TO THE DATE OF PAYMENT.
3. IT SHALL PAY HER 1,000 SWISS FRANCS IN COSTS.

Consideration 3

Extract:

"A debt of moneys is to be discharged by the date of payment stipulated either in the contract or by some general provision. Where payment is late, the rule is that there shall be a compensatory award of interest, the amount being set without making the creditor show specific injury."

Reference(s)

ILOAT Judgment(s): 792

Keywords

complaint allowed; injury; administrative delay; judgment of the tribunal; amount; interest on damages; execution of judgment; date; payment; delay in payment

Consideration 3

Extract:

"Save where there is express provision in a clause of a contract or in some general text, interest will not be payable until a formal demand for payment of the principal has been made. The demand may be addressed directly by the creditor to the debtor, or it may be implicit in an application for a court order."

Reference(s)

ILOAT Judgment(s): 792

Keywords

formal demand for payment; interest on damages; date

Consideration 4

Extract:

"Interest will not be awarded on an application for a court order unless payment of the principal is due."

Reference(s)

ILOAT Judgment(s): 792

Keywords

amount; interest on damages; condition; request by a party

Consideration 2

Extract:

"The Tribunal will ordinarily join cases only if the purpose of the suit, the issues of fact and the defendant are the same. [...] But the sound administration of justice demands joinder. Though there may be differences, the purpose of both suits is to get a ruling by the Tribunal on a dispute that has arisen over the consequences of its earlier judgment".

Reference(s)

ILOAT Judgment(s): 792

Keywords

joinder; identical claims

Consideration 3

Extract:

"The ILO further submits that, having made no award of interest, the Tribunal may be deemed to have declined to do so. The plea is mistaken. To allow it would be to infer legal effect from the Tribunal's refusing or failing to rule. That would be quite wrong since there can be no implied decision to dismiss a claim when dismissal is not the necessary outcome of the judgment."

Reference(s)

ILOAT Judgment(s): 792

Keywords

tribunal; judgment of the tribunal; interest on damages; presumption; consequence; effect; refusal



 
Last updated: 16.08.2017 ^ top