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Delay in payment (691,-666)

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Keywords: Delay in payment
Total judgments found: 9

  • 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 4079


    127th Session, 2019
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The UPU filed an application for interpretation and review of Judgment 3930 and the complainant in that case filed an application for execution of that judgment.

    Consideration 24

    Extract:

    The delay in fully executing Judgment 3930 has caused the complainant moral injury. In awarding moral damages, the Tribunal takes into particular account the following: the duration of the delay, the fact that there was no need to seek a decision from the Council of Administration to authorize the execution of a judgment of the Tribunal, particularly when the budget was already approved for payments of awards, and the misleading presentation made by the International Bureau (in the presentation to the Council of Administration debating whether or not to execute the judgment) that the complainant’s illness was feigned. The International Bureau acted without presenting any evidence from a medical board and without having completed a disciplinary proceeding with regard to that unproven allegation, in violation of its duty of care and in breach of the adversarial principle. The UPU must respect the dignity of its staff members and preserve their reputation.

    Reference(s)

    ILOAT Judgment(s): 3930

    Keywords:

    delay in payment; duty of care; execution of judgment; moral injury; respect for dignity;



  • Judgment 4078


    127th Session, 2019
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The UPU filed an application for interpretation and review of Judgment 3929 and the complainant in that case filed an application for execution of that judgment.

    Consideration 24

    Extract:

    The delay in fully executing Judgment 3929 has caused the complainant moral injury. In awarding moral damages, the Tribunal takes into particular account the following: the duration of the delay and the fact that there was no need to seek a decision from the Council of Administration to authorize the execution of a judgment of the Tribunal, particularly when the budget was already approved for payments of awards.

    Reference(s)

    ILOAT Judgment(s): 3929

    Keywords:

    delay in payment; execution of judgment; moral injury;



  • Judgment 4076


    127th Session, 2019
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The UPU filed and application for interpretation and review of Judgment 3927 and the complainant in that case filed an application for execution of that judgment.

    Consideration 15

    Extract:

    The unnecessary delay in executing Judgment 3927 has caused the complainant moral injury, for which she is entitled to moral damages that the Tribunal sets in the amount of 1,000 Swiss francs.

    Reference(s)

    ILOAT Judgment(s): 3927

    Keywords:

    delay in payment; execution of judgment; moral injury;



  • 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.

    Judgment keywords

    Keywords:

    adjustment; complaint allowed; decision quashed; delay in payment; interest on damages; 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; date; delay in payment; execution of judgment; injury; interest on damages; judgment of the tribunal; payment;



  • Judgment 706


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

    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 234


    32nd Session, 1974
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "[T]here can be no claim in respect of currency devaluation as such." But there can be a claim for compensation for the delay in payment. "In the circumstances of [the] case this compensation should be assessed as the diminution in the amount of rupees eventually received by the complainant, the diminution being due to the change in the rupee/dollar rate during the period of delay."

    Keywords:

    administrative delay; amendment to the rules; competence of tribunal; consequence; currency of payment; delay in payment; exchange rate; execution of judgment; injury; judgment of the tribunal; material damages; moral injury; receivability of the complaint;



  • Judgment 82


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

    Consideration 6

    Extract:

    The organisation "has the option of asking the International Court of Justice for an opinion, which is binding [...]. This option, which can [...] be used without any restriction as to time, does not affect, in the absence of any explicit provisions in [...] Article XII [of the Statute of the Tribunal], the immediately operative character of those judgments. With regard to the opinion which the organisation may possibly request from the Court by virtue of [...] the agreement between the United Nations and [the organisation], this opinion is only of an advisory character and could not, in any event, have any influence on the execution of the judgment by the Tribunal."

    Reference(s)

    ILOAT reference: ARTICLE XII OF THE STATUTE
    ILOAT Judgment(s): 61

    Keywords:

    advisory opinion of icj; binding character; delay in payment; execution of judgment; icj; judgment of the tribunal; organisation; suspensory effects;

    Consideration 5

    Extract:

    "In accordance with a well-established and generally recognised principle of law, any judgment compelling one party to pay to the other party a sum of money implies, in itself, the obligation to pay that sum without delay. It could be otherwise only in the event that the judgment expressly mentioned that this sum would be payable only at a later date and where the Statutes of the court concerned make provision for the right to appeal against the judgments delivered by it and formally state that exercise of that right of appeal carries suspensory effect on execution of those judgments."

    Reference(s)

    ILOAT Judgment(s): 61

    Keywords:

    delay in payment; exception; execution of judgment; judgment of the tribunal; organisation's duties; suspensory effects; time limit;


 
Last updated: 23.09.2021 ^ top