2010-惇蹋厙AT-082

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT held that 惇蹋厙DT did not exceed its competence in ordering the payment of interest from the due date of the relocation grant, but that 惇蹋厙DT had erred in setting the interest rate at 8 per cent. 惇蹋厙AT held that both 惇蹋厙DT and 惇蹋厙AT must have the power to award interest in the normal course of ordering compensation. 惇蹋厙AT affirmed the 惇蹋厙DT judgment and Order No. 30 to the extent that 惇蹋厙DT awarded interest on the relocation grant and replaced the interest rate of 8 per cent with the United States prime rate applicable on 4 May 2008 (5 per cent).

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to pay him a relocation grant. 惇蹋厙DT found for the Applicant, a decision which was upheld by 惇蹋厙AT in judgment No. 2010-惇蹋厙AT-037. Subsequently, in judgment No. 惇蹋厙DT/2010/011 and Order No. 30 (NY/2010), 惇蹋厙DT granted a request for payment of interest on the relocation grant at a rate of 8 per cent per annum from the due date of the relocation grant until the date of payment.

Legal Principle(s)

The absence of an express power to award interest in the 惇蹋厙DT Statute is not decisive. The award of interest by the tribunals is necessary to ensure that payments to staff are made by the Organisation. Both 惇蹋厙DT and 惇蹋厙AT must have the power to award interest in the normal course of ordering compensation.

Outcome

Appeal dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the 惇蹋厙DT Statute and Article 11(3) of the 惇蹋厙AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Castelli

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement