Judgment No. 2076
Decision
1. THERE IS NO NEED TO RULE ON THE COMPLAINANT'S CLAIM TO THE QUASHING OF THE DIRECTOR-GENERAL'S DECISION INSOFAR AS IT DID NOT GRANT HIM PROMOTION WITH RETROACTIVE EFFECT, OR ON HIS CLAIM TO PAYMENT OF THE COSTS INCURRED IN THE INTERNAL PROCEDURE.
2. THE IMPUGNED DECISION IS SET ASIDE INSOFAR AS IT REFUSES TO PAY THE COMPLAINANT INTEREST ON THE AMOUNTS DUE TO HIM.
3. THE AMOUNTS THAT THE WHO SHALL PAY THE COMPLAINANT IN IMPLEMENTING THE DIRECTOR-GENERAL'S DECISION OF 3 APRIL 2001 PROMOTING HIM TO GRADE G.5 AS FROM 1 SEPTEMBER 1997 SHALL BEAR INTEREST AT 8 PER CENT A YEAR AS FROM THEIR MONTHLY DUE DATES.
4. THE WHO SHALL PAY THE COMPLAINANT 5,000 SWISS FRANCS IN COSTS.
5. HIS OTHER CLAIMS ARE DISMISSED.
Consideration 10
Extract:
The complainant was promoted with retroactive effect. "The complainant claims interest on the amounts the organization owes him. [Since it] agreed to promote him to G.5 with retroactive effect to 1 September 1997 [...] it should have paid him each month from that date the salary and entitlements corresponding to grade G.5. He is therefore entitled to interest, which the Tribunal sets at 8 per cent a year on those monthly earnings from each due date as from 1 September 1997."
Keywords
effective date; tribunal; interest on damages; grade; promotion; salary; date; debt; request by a party
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