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Interest on damages (127,-666)

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Keywords: Interest on damages
Total judgments found: 19

  • Judgment 4235


    129th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant filed an application for interpretation and execution of Judgment 4093.

    Consideration 15

    Extract:

    [A]s the case law shows, the Tribunal awards simple interest as a rule; it awards compound interest only in exceptional circumstances, in which case it explicitly states so in the decision of the judgment concerned (see Judgment 802, consideration 4, or, more recently, Judgment 3013, consideration 3).

    Reference(s)

    ILOAT Judgment(s): 802, 3013

    Keywords:

    interest on damages;



  • Judgment 4093


    127th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant filed an application for execution of Judgment 3689.

    Consideration 8

    Extract:

    WHO is required to pay the complainant interest on arrears as ordered by the Tribunal in Judgment 3689. It should be recalled in this regard that such interest simply represents an objective form of compensation for the time that has elapsed since the date on which the principal amount was due, and that the mere fact that there was a delay in the payment of that amount is sufficient to justify payment of interest, whether or not the debtor was at fault (see, for example, Judgment 1403, consideration 8).

    Reference(s)

    ILOAT Judgment(s): 1403, 3689

    Keywords:

    delay in payment; execution of judgment; interest on arrears; interest on damages;



  • Judgment 3650


    122nd Session, 2016
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the refusal to pay her interest on reimbursement of medical costs.

    Consideration 7

    Extract:

    [T]he breach of a duty to consider and process a claim within a reasonable period would not be founded on an implied right to interest but rather, arguably, should be regarded as damages for the breach of the duty. However, those damages may well prove to be an amount equal to the interest payable on the amounts involved.

    Keywords:

    interest on damages; organisation's duties;

    Judgment keywords

    Keywords:

    complaint dismissed; interest on damages; medical expenses;

    Consideration 6

    Extract:

    Plainly enough, [...] the right to payment of medical expenses arising under Article 16 is conditioned by the consideration of any claim for payment by the organisation of whether the medical expenses incurred were reasonably incurred, which would include the consideration of any evidence furnished supporting a conclusion that they were reasonably incurred. Thus the right to payment of medical expenses cannot be said to be a right to an immediate payment of the claimed amount. Accordingly there is no room for the implication of a right to interest either from the time the medical expense was actually paid by the staff member or from the time the staff member lodged a claim for reimbursement.

    Keywords:

    interest on damages; medical expenses;



  • Judgment 3180


    114th Session, 2013
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant claims interest for the late payment of the back pay resulting from a salary adjustment.

    Consideration 13

    Extract:

    "[T]he complainant is [...] entitled to claim interest for the late payment of the back pay resulting from [...] a [salary] adjustment."

    Keywords:

    adjustment; amount; claim; complaint allowed; delay; interest on damages; payment; salary;

    Judgment keywords

    Keywords:

    adjustment; complaint allowed; decision quashed; delay in payment; interest on damages; salary;



  • Judgment 3013


    111th Session, 2011
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The obligation to pay compound interest is always an exception. According to the Tribunal's case law, such an obligation must arise from the operative part of its judgments. In this case, to quote the language of consideration 4 of Judgment 802, "if the Tribunal had meant compound interest, [...] it would have used words to that effect"."

    Reference(s)

    ILOAT Judgment(s): 802

    Keywords:

    application for execution; case law; consequence; exception; interest on damages; judgment of the tribunal; organisation's duties; payment;



  • Judgment 2782


    106th Session, 2009
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    In order to execute Judgment 2560 the Organisation paid salary arrears not only to the officials who had filed the complaints that led to that judgment, but also to all other members of staff and to all former members of staff in receipt of a retirement pension. However, interest on arrears was paid only to the members of staff who had filed a complaint with the Tribunal; the complainant was not among them. He is consequently challenging the decision not to pay him interest on arrears.
    "(a) In the absence of any particular rule requiring the Organisation to pay interest on arrears to a staff member where a benefit due to that person is paid belatedly, such interest is not in principle due until the creditor - i.e. the staff member to whom the benefit is owed - has served notice on the Organisation to pay. This apparently harsh solution is justified because no particular formalities are required for the service of such notice, it being sufficient for the creditor to request payment of the amount due. [...]
    (b) However, this rule does not apply where the debt is one which falls due on a fixed date. In such a case the due date is equivalent to the service of notice (dies interpellat pro homine). The debtor owes interest on arrears as from that date, without any need for the creditor to establish that he or she has requested payment of the due sum. The same applies where the debt falls due periodically at a fixed date, as in the case of a salary.
    The salary adjustment at issue forms an integral part of the salary. Moreover, the salary, plus increments, is due on precise dates at the end of every month. In the instant case the payment of the staff member's salary, including the adjustment thereto, did not depend on a request from that person. The claim for interest on arrears is therefore well founded."

    Reference(s)

    ILOAT Judgment(s): 2560

    Keywords:

    adjustment; amount; complainant; complaint allowed; complaint allowed in part; date; debt; delay; exception; execution of judgment; formal requirements; general principle; increase; insurance benefit; interest on damages; no provision; organisation's duties; payment; request by a party; retirement; salary;



  • Judgment 2076


    91st Session, 2001
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    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:

    complaint allowed; complaint allowed in part; date; debt; effective date; grade; interest on damages; promotion; request by a party; salary; tribunal;



  • Judgment 1662


    83rd Session, 1997
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "There is no general rule requiring the [CERN Pension] Fund to pay interest on the transfer value [of pension entitlements]. So the Fund was free to rely on the text of its own rules, which do not expressly provide for interest, and on consistent practice."

    Keywords:

    cern pension fund; general principle; interest on damages; lump-sum; pension; pension entitlements; practice; transfer of pension rights; written rule;



  • Judgment 1461


    79th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainants impugn decisions refusing them an allowance. The Tribunal considers that "since the decisions are set aside the complainants are also entitled to payment of the interest on arrears that they claim. Interest on arrears is due by virtue of the principle of equal treatment [...]. The principle lays on the organisation the duty to pay such interest so as to restore parity between someone who got [an] allowance at the due date and someone who got it later."

    Keywords:

    allowance; complaint allowed; date; decision quashed; equal treatment; interest on damages;



  • Judgment 1403


    78th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    Having placed a liberal construction on the applicable rule, Eurocontrol granted certain clerical officers payment of the so-called typist's allowance. This established a practice which remains in force until such time as a decision is taken to amend or abolish it. "Payment of the allowance to the complainant was a matter, not of discretion, but of obligation, and Eurocontrol's delay in discharging it entitles her to interest."

    Keywords:

    binding character; complaint allowed; complaint allowed in part; delay; interest on damages; organisation's duties; practice; staff regulations and rules;



  • Judgment 1384


    78th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    The complainant was accused of stealing computer equipment but no formal proof of this was ever given. The organization decided not to renew his fixed-term appointment on grounds of theft. The Tribunal holds that the complainant "must be put in the same position as if his contract had never terminated and be reinstated as from the date of termination up to the date of this judgment. Since his performance was good he should be granted any within-grade salary increases he would ordinarily have been entitled to. Although any indemnities or earnings from employment after termination may be deducted from the amounts due, he is entitled to the payment of interest on all arrears of pay at the rate of 8 per cent a year from the dates at which each component sum fell due. [...] He is to be granted an appointment for a period of two years starting at the date of delivery of this judgment."

    Keywords:

    compensation; complaint allowed; contract; date; decision quashed; fixed-term; increment; interest on damages; non-renewal of contract; procedural flaw; professional injury; reckoning; reconstruction of career; reinstatement;



  • Judgment 1338


    77th Session, 1994
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 11 and 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)

    ILOAT Judgment(s): 1219

    Keywords:

    administrative delay; amount; application for execution; complaint allowed; complaint allowed in part; delay; execution of judgment; formal demand for payment; interest on damages; judgment of the tribunal; organisation's duties; payment; penalty for delay; res judicata; time limit;



  • Judgment 1117


    71st Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 19 and 20

    Extract:

    The complainants seek payment of interest on the arrears paid them after applying revised weightings. The Tribunal stresses that "Article 64 [of the Staff Regulations] confers wide discretion on the administration in determining whether there is good reason to adjust pay and what factors to bear in mind for the purpose. It has to make comparative assessments in working out the weightings, and so the figures it arrives at are bound to be lump-sum approximations [...] So there can be no specific amount due, and yielding interest, until the competent authority has reached its decision."

    Reference(s)

    Organization rules reference: ARTICLE 64 OF THE EUROCONTROL STAFF REGULATIONS

    Keywords:

    adjustment; cost-of-living weighting; interest on damages; payment; salary;

    Consideration 18

    Extract:

    Following a periodic review of the weightings applicable to pay, the complainants were paid arrears on the strength of the revised weightings. They claim interest on those amounts on the grounds that the method for adjusting pay contains a built-in delay. The plea fails. "The system of period adjustment according to criteria applied a posteriori means that any action taken will perforce be retroactive. [...] Adjustment is a continuous process over any given period, and it is reasonable to regard the figures that are taken at the end of that period as properly applying to the whole of it."

    Keywords:

    adjustment; cost-of-living weighting; interest on damages; non-retroactivity; payment; salary;



  • Judgment 874


    63rd Session, 1987
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    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:

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

    date; formal demand for payment; interest on damages;

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

    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:

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



  • Judgment 706


    57th Session, 1985
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The complainant is also entitled to interest at 10 per cent a year on the sums due under this judgment from 3 May 1984, the date on which he asked UNESCO to execute Judgment 607 and from which there was a demand to pay."

    Reference(s)

    ILOAT Judgment(s): 607

    Keywords:

    amount; application for execution; complaint allowed; date; execution of judgment; formal demand for payment; interest on damages; judgment of the tribunal; payment; penalty for delay;

    Consideration 10

    Extract:

    The organization failed to give proper effect to Judgment 607. The complainant wins his case. He is entitled to interest on the amounts due him from the date on which he asked UNESCO to execute Judgment 607 and from which there was a demand to pay.

    Reference(s)

    ILOAT Judgment(s): 607

    Keywords:

    date; delay in payment; execution of judgment; formal demand for payment; interest on damages; judgment of the tribunal; payment; penalty for delay;



  • Judgment 553


    50th Session, 1983
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 1 and 2

    Extract:

    The material judgment was immediately operative. "The complainant seeks, and is entitled to, payment of interest in compensation for the damage he has suffered through the [organisation's] delay in giving effect to the judgment".

    Reference(s)

    ILOAT Judgment(s): 463

    Keywords:

    administrative delay; application for execution; complaint allowed; execution of judgment; injury; interest on damages; judgment of the tribunal; penalty for delay;



  • Judgment 479


    47th Session, 1982
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    Interest at the market rate "is composed in part of a sum considered to be sufficient to protect the lender against inflation and in part of interest in the old sense, that is the payment made for the use of stable money."

    Keywords:

    definition; interest on damages;



  • Judgment 247


    33rd Session, 1974
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    The Director General erred in law in treating the complainant's attitude towards an official as unsatisfactory service; he erred in law in concluding that at the material time, this official was the complainant's superior or supervisor; in concluding that the complainant was guilty of insubordination, he drew a clearly mistaken conclusion from the facts. "The decision [...] is quashed; the complainant [shall be] paid the increment due to him [...] with interest thereon at 6 per cent per annum."

    Keywords:

    amount; complaint allowed; conduct; decision quashed; flaw; increment withheld; insubordination; interest on damages; material damages; mistaken conclusion; supervisor; unsatisfactory service; working relations;



  • Judgment 82


    14th Session, 1965
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The complainant "is entitled to an indemnity compensating him for the damage he has suffered through the delay on the part of [the organisation] in giving effect to [...] the operative part of the [...] judgment [in question]." It emerges from the dossier that this damage will be equitably remedied by deciding that the sum which the organisation must pay - and the amount of which had been fixed by order - shall bear interest at the rate of 5 per cent, payable as from the thirtieth day after notification of the said order.

    Reference(s)

    ILOAT Judgment(s): 61

    Keywords:

    administrative delay; amount; complaint allowed; execution of judgment; injury; interest on damages; judgment of the tribunal; penalty for delay;


 
Last updated: 02.07.2020 ^ top