Judgment No. 1338
Decision
1. THE ORGANIZATION SHALL PAY THE COMPLAINANT INTEREST ON THE AMOUNT AWARDED IN JUDGMENT 1219, TO BE RECKONED AT THE RATE OF 10 PER CENT A YEAR FOR A PERIOD OF THIRTY DAYS.
2. HIS OTHER CLAIMS ARE DISMISSED.
Consideration 10
Extract:
"Although Judgment 1133 declared [the complainant's] dismissal null and void it did not order reinstatement." The WHO exercised the "option of paying him financial compensation: that was in lieu of reinstatement".
Reference(s)
Jugement(s) TAOIT: 1133, 1219
Keywords
application for execution; judgment of the tribunal; organisation's duties; reinstatement; compensation; subsidiary
Consideration 11
Extract:
"An international organisation which has recognised the Tribunal's jurisdiction is bound, not merely to refrain from acting in disregard of a judgment, but to take whatever action the judgment may require."
Reference(s)
Jugement(s) TAOIT: 1219
Keywords
application for execution; res judicata; judgment of the tribunal; execution of judgment; organisation's duties; consequence
Considerations 11-12
Extract:
"An organisation must, where a specific sum has been awarded [by the Tribunal], pay compensation if it takes more than one month to pay after the judgment was notified, save that if, as in Judgment 1219, the Tribunal does not put a figure on the amount due, the need to work out the figure warrants allowing additional time. In this instance [...] apart from alleging the need for consultations the Organization has offered no explanation for the delay in payment. The Tribunal therefore awards the complainant payment of interest".
Reference(s)
Jugement(s) TAOIT: 1219
Keywords
application for execution; administrative delay; res judicata; time limit; delay; judgment of the tribunal; amount; formal demand for payment; interest on damages; execution of judgment; organisation's duties; payment; penalty for delay
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