|
|
 |
|
|
Interest on arrears (842,-666)
You searched for:
Keywords: Interest on arrears
Total judgments found: 8
Judgment 4671
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks the restitution of amounts wrongly deducted from his salary in respect of sickness insurance contributions.
Considerations 9, 11-12
Extract:
[I]t should be recalled that interest for late payment simply represents an objective form of compensation for the time that has elapsed since the date on which an amount was due, and the mere fact that there was a delay in the payment of that amount is sufficient to justify the payment of interest, whether or not the debtor was at fault (see Judgments 4093, consideration 8, and 1403, consideration 8).
Interpol’s argument that it was not negligent is therefore, in any event, irrelevant.
[...]
[A]s regards the absence of any provision in Interpol’s Staff Regulations or Rules providing for the payment of interest on sums due to the Organization’s officials, the Tribunal recalls that the requirement to pay such interest arises even without such a provision pursuant to the general principles governing the liability of international organisations.
It is appropriate, in line with the Tribunal’s case law, to apply the principle that interest is due ipso jure whenever a principal amount is payable, which is in particular the case where amounts have been wrongly deducted from remuneration that was due to be paid on a fixed date. In this scenario, the starting point for the interest to be paid is the due date for each payment from which an amount was wrongly deducted, that due date being equivalent by itself to service of notice (see, in particular, Judgments 3180, consideration 12, 2782, consideration 6, and 2076, consideration 10).
Reference(s)
ILOAT Judgment(s): 1403, 2076, 2782, 3180, 4093
Keywords:
general principle; interest on arrears;
Judgment 4670
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks the restitution of amounts wrongly deducted from her salary in respect of sickness insurance contributions.
Considerations 20, 22-23
Extract:
[I]t should be recalled that interest for late payment simply represents an objective form of compensation for the time that has elapsed since the date on which an amount was due, and the mere fact that there was a delay in the payment of that amount is sufficient to justify the payment of interest, whether or not the debtor was at fault (see Judgments 4093, consideration 8, and 1403, consideration 8). Interpol’s argument that it was not negligent is therefore, in any event, irrelevant.
[...]
[A]s regards the absence of any provision in Interpol’s Staff Regulations or Rules providing for the payment of interest on sums due to the Organization’s officials, the Tribunal recalls that the requirement to pay such interest arises even without such a provision pursuant to the general principles governing the liability of international organisations.
It is appropriate, in line with the Tribunal’s case law, to apply the principle that interest is due ipso jure whenever a principal amount is payable, which is in particular the case where amounts have been wrongly deducted from remuneration that was due to be paid on a fixed date. In this scenario, the starting point for the interest to be paid is the due date for each payment from which an amount was wrongly deducted, that due date being equivalent by itself to service of notice (see, in particular, Judgments 3180, consideration 12, 2782, consideration 6, and 2076, consideration 10).
Reference(s)
ILOAT Judgment(s): 1403, 2076, 2782, 3180, 4093
Keywords:
general principle; interest on arrears;
Judgment 4669
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks the restitution of amounts wrongly deducted from her salary in respect of sickness insurance contributions.
Considerations 7, 9-11
Extract:
[I]t should be recalled that interest for late payment simply represents an objective form of compensation for the time that has elapsed since the date on which an amount was due, and the mere fact that there was a delay in the payment of that amount is sufficient to justify the payment of interest, whether or not the debtor was at fault (see Judgments 4093, consideration 8, and 1403, consideration 8). Interpol’s argument that it was not negligent is therefore, in any event, irrelevant.
[...]
[A]s regards the absence of any provision in Interpol’s Staff Regulations or Rules providing for the payment of interest on sums due to the Organization’s officials, the Tribunal recalls that the requirement to pay such interest arises even without such a provision pursuant to the general principles governing the liability of international organisations.
It is appropriate, in line with the Tribunal’s case law, to apply the principle that interest is due ipso jure whenever a principal amount is payable, which is in particular the case where amounts have been wrongly deducted from remuneration that was due to be paid on a fixed date. In this scenario, the starting point for the interest to be paid is the due date for each payment from which an amount was wrongly deducted, that due date being equivalent by itself to service of notice (see, in particular, Judgments 3180, consideration 12, 2782, consideration 6, and 2076, consideration 10).
The complainant requests that the rate of interest payable be set at 10 per cent per annum. However, the Tribunal sees no reason to depart from its usual practice of setting the rate of interest for late payment at 5 per cent.
Reference(s)
ILOAT Judgment(s): 1403, 2076, 2782, 3180, 4093
Keywords:
general principle; interest on arrears;
Judgment keywords
Keywords:
complaint allowed; interest on arrears; medical insurance; negligence; organisation's duties; refund;
Judgment 4668
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks the restitution of amounts wrongly deducted from his salary in respect of sickness insurance contributions.
Considerations 18, 20-22
Extract:
[I]t should be recalled that interest for late payment simply represents an objective form of compensation for the time that has elapsed since the date on which an amount was due, and the mere fact that there was a delay in the payment of that amount is sufficient to justify the payment of interest, whether or not the debtor was at fault (see Judgments 4093, consideration 8, and 1403, consideration 8). Interpol’s argument that it was not negligent is therefore, in any event, irrelevant.
[...]
[A]s regards the absence of any provision in Interpol’s Staff Regulations or Rules providing for the payment of interest on sums due to the Organization’s officials, the Tribunal recalls that the requirement to pay such interest arises even without such a provision pursuant to the general principles governing the liability of international organisations.
It is appropriate, in line with the Tribunal’s case law, to apply the principle that interest is due ipso jure whenever a principal amount is payable, which is in particular the case where amounts have been wrongly deducted from remuneration that was due to be paid on a fixed date. In this scenario, the starting point for the interest to be paid is the due date for each payment from which an amount was wrongly deducted, that due date being equivalent by itself to service of notice (see, in particular, Judgments 3180, consideration 12, 2782, consideration 6, and 2076, consideration 10).
The complainant requests that the rate of interest payable be set at 10 per cent per annum. However, the Tribunal sees no reason to depart from its usual practice of setting the rate of interest for late payment at 5 per cent.
Reference(s)
ILOAT Judgment(s): 1403, 2076, 2782, 3180, 4093
Keywords:
general principle; interest on arrears;
Judgment 4667
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants seek the restitution of amounts wrongly deducted from their salaries in respect of sickness insurance contributions.
Considerations 19, 21-23
Extract:
[I]t should be recalled that interest for late payment simply represents an objective form of compensation for the time that has elapsed since the date on which an amount was due, and the mere fact that there was a delay in the payment of that amount is sufficient to justify the payment of interest, whether or not the debtor was at fault (see Judgments 4093, consideration 8, and 1403, consideration 8). [...]
[A]s regards the absence of any provision in Interpol’s Staff Regulations or Rules providing for the payment of interest on sums due to the Organization’s officials, the Tribunal recalls that the requirement to pay such interest arises even without such a provision pursuant to the general principles governing the liability of international organisations.
It is appropriate, in line with the Tribunal’s case law, to apply the principle that interest is due ipso jure whenever a principal amount is payable, which is in particular the case where amounts have been wrongly deducted from remuneration that was due to be paid on a fixed date. In this scenario, the starting point for the interest to be paid is the due date for each payment from which an amount was wrongly deducted, that due date being equivalent by itself to service of notice (see, in particular, Judgments 3180, consideration 12, 2782, consideration 6, and 2076, consideration 10).
The complainants request that the rate of interest payable be set at 10 per cent per annum. However, the Tribunal sees no reason to depart from its usual practice of setting the rate of interest for late payment at 5 per cent.
Reference(s)
ILOAT Judgment(s): 1403, 2076, 2782, 3180, 4093
Keywords:
general principle; interest on arrears;
Judgment 4665
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, whose post was reclassified retrospectively, claims compensation for the injury he considers he has suffered and requests that his resignation be redefined as a dismissal.
Consideration 3
Extract:
The Tribunal notes that in the impugned decision of 30 October 2018 the Secretary General agreed to reclassify the complainant’s post from grade 3 to grade 2 for the period from 2 April 2014 to 3 October 2017 and accordingly to pay him the undisputed sum of 30,655.50 euros, which corresponds to the difference in salary for the two grades for the period concerned, increased by the pension contributions for that period. In view of the retroactive effect of this decision as from 2 April 2014, the Tribunal considers that it is appropriate, in line with its case law, to apply the principle that interest is due ipso jure whenever a principal sum is payable, which is in particular the case where remuneration falling due on a fixed date was paid belatedly. In this scenario, the starting point for the interest to be paid is the due date for each payment, that due date being equivalent by itself to service of notice (see, in particular, Judgments 3180, consideration 12, 2782, consideration 6, and 2076, consideration 10).
In light of the foregoing, the Tribunal considers that the complainant is indeed entitled to late payment interest at the rate of 5 per cent per annum on each of the monthly additions to net remuneration and each of the pension contributions that were owed by the Organization in comparison to those paid by it at the time. That interest is to accrue from the date on which each of the sums concerned fell due until their date of payment.
Reference(s)
ILOAT Judgment(s): 2076, 2782, 3180
Keywords:
interest on arrears;
Judgment 4579
135th Session, 2023
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to discharge him.
Consideration 9
Extract:
The organization shall pay the complainant the equivalent of the salary and various indemnities, net of any income from other employment received as from the date of the discharge and until the date of effective reinstatement and should restore his pension rights. All these amounts shall bear interest at the rate of 5 per cent per annum as from the date on which they fell due until the date of their payment.
Keywords:
interest on arrears; material damages; salary;
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;
|
|
|
|
|
