Debt (599,-666)

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Keywords: Debt
Total judgments found: 9

• Judgment 3121

  
  113th Session, 2012
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  It should first be noted that bad faith on the part of a debtor, whatever the source of his or her obligation, does not in principle prevent a debt from being extinguished by prescription.
  That will only occur if the debtor has used deception to prevent the creditor from taking action before the expiry of the prescription period. Moreover, an ordinary prescription period formally laid down will not normally apply if the debt arises from a criminal act, in which case the prescription period for criminal proceedings will apply.

  Keywords:

  bad faith; debt; recovery of overpayment;
  

  
  
  

• Judgment 2944

  
  109th Session, 2010
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 45

  Extract:

  "By not paying the sums owed to creditors for more than ten years and not complying with several court rulings ordering her to meet her obligations, the complainant, an international civil servant, plainly did not show due respect for local laws and institutions and for the public policy of the host State [...]."

  Keywords:

  debt; domestic law; judgment of the tribunal; member state; misconduct; municipal court; staff member's duties;
  

  Consideration 48

  Extract:

  "[B]reaches of private financial obligations on the part of international civil servants are incompatible with the rules of conduct by which they must abide (see, for example Judgments 53, under 7, 1480, under 3, or 1584, under 9)."

  Reference(s)

  ILOAT Judgment(s): 53, 1480, 1584
  

  Keywords:

  breach; conduct; debt; misconduct; staff member's duties; written rule;
  

  
  
  

• 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; date; debt; delay; exception; execution of judgment; formal requirements; general principle; increase; interest on damages; no provision; organisation's duties; payment; request by a party; retirement; salary;
  

  
  
  

• Judgment 2103

  
  92nd Session, 2002
  International Fund for Agricultural Development
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 7 and 10

  Extract:

  "An organisation may try by all legal means to recover any money a staff member may owe it when he or she leaves service. But that does not entitle it to suspend or block consideration of the staff member's pension entitlements. [...] However, [the organization] was right to defer consideration of the complainant's entitlement to a repatriation allowance."

  Keywords:

  debt; organisation's duties; pension; pension entitlements; repatriation allowance; separation from service; terminal entitlements;
  

  
  
  

• 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:

  date; debt; effective date; grade; interest on damages; promotion; request by a party; salary; tribunal;
  

  
  
  

• Judgment 1849

  
  87th Session, 1999
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 18-19

  Extract:

  "The Tribunal considers that, in accordance with its jurisprudence, if an official receives an overpayment by mistake it should be reimbursed. Nevertheless, the organization should take into account any circumstances which would make it unfair or unjust to require repayment. [...] In the Tribunal's opinion there is no indebtedness by the complainant to the organization. It was responsible for making payments on behalf of the United Nations, but has been fully reimbursed. The organization therefore, was not entitled to withhold the grants due or make deductions from salary under rule 380.5.2 since the complainant was not indebted to it."

  Reference(s)

  Organization rules reference: STAFF RULE 380.5.2 OF WHO
  
  

  Keywords:

  amount; criteria; debt; deduction; equity; exception; recovery of overpayment; refund; unjust enrichment;
  

  
  
  

• Judgment 1195

  
  73rd Session, 1992
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 4-5

  Extract:

  The complainant having received undue payment, the Union claimed a refund. The complainant challenges this on the grounds that "because of prescription the debt has become unenforceable. There is indeed a widely recognised principle that lapse of time may extinguish an obligation, but the difficulty here is that the Union's rules set no time limit for such extinctive prescription." However the Tribunal holds that the time between the payment of the material sums and the Union's request for their repayment "was not long enough to warrant declaring the undue payments irrecoverable. Not only is the period of extinctive prescription much longer in most national systems of law, but the complainant pleads no personal difficulty or hardship in making repayment: the Union is not claiming lump-sum reimbursement but is spreading it over eighteen months."

  Keywords:

  debt; domestic law; reasonable time; recovery of overpayment; refund; time limit;
  

  
  
  

• Judgment 124

  
  20th Session, 1968
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The complainant seeks the rescission of decisions 1) cancelling the loan agreement and 2) deducting sums from his salary until repayment of his debt to the organization. The Tribunal is competent to rule on the second claim for relief. The lawfulness of the second decision depends on the lawfulness of the first. The Director-General accepted the finding of the Appeals Board that it was not competent to consider the appeal concerning cancellation of the loan and dismisses the appeal relating to salary deductions on its merits without going into the first claim. The complainant is referred back for a new decision on all the submissions, after taking account of the opinion of the appeals body.

  Keywords:

  application for quashing; case sent back to organisation; competence of tribunal; debt; decision quashed; deduction; loan; organisation; salary;
  

  
  
  

• Judgment 53

  
  9th Session, 1961
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "As defaulting on financial obligations and incurring debts beyond the debtor's capacity to repay [...] are incompatible with the standards of conduct required of an international civil servant and are likely to bring the organization and its officials into public disrepute [...]. The Director General's decision to terminate the complainant's probationary appointment [...] was in the circumstances of this case fully justified."

  Keywords:

  conduct; debt; organisation's reputation; probationary period; staff member's duties; termination of employment;