Judgment No. 1111
Decision
THE COMPLAINT IS DISMISSED.
Consideration 2
Extract:
The complainant, having tendered her resignation, was mistakenly paid a termination indemnity upon the transfer of Interpol's Headquarters to Lyons. The organisation ordered repayment. "[T]he Secretary General's decision to claim the sum back from her is a discretionary one. In deciding whether to demand full or part repayment he takes accounts of such factors as the staff member's good or bad faith, the sort of mistake that has been made, the organization's own and the staff member's negligence and the inconvenience which the demand, made necessary by the organization's own oversight, will put the staff member to. So the Tribunal will exercise only a limited power of review over the decision."
Keywords
good faith; negligence; recovery of overpayment; terminal entitlements; judicial review; discretion
Consideration 5
Extract:
An earlier decision had informed the complainant that she would not qualify for a termination indemnity if she refused to move to Lyons when the organization moved there. However, a later decision granted her the indemnity. The Tribunal observes that "the very inconsistency between the two decisions shows that the later one, which had no basis in law, was a mistake." Since the decision was materially wrong Interpol was entitled under Article 30 of the Staff Regulations to claim payment back from her.
Reference(s)
Organization rules reference: ARTICLE 30 OF THE INTERPOL STAFF REGULATIONS
Keywords
withdrawal of decision; recovery of overpayment
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