2010-Ģ��ƵAT-082

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that Ģ��ƵDT did not exceed its competence in ordering the payment of interest from the due date of the relocation grant, but that Ģ��ƵDT had erred in setting the interest rate at 8 per cent. Ģ��ƵAT held that both Ģ��ƵDT and Ģ��ƵAT must have the power to award interest in the normal course of ordering compensation. Ģ��ƵAT affirmed the Ģ��ƵDT judgment and Order No. 30 to the extent that Ģ��ƵDT 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. Ģ��ƵDT found for the Applicant, a decision which was upheld by Ģ��ƵAT in judgment No. 2010-Ģ��ƵAT-037. Subsequently, in judgment No. Ģ��ƵDT/2010/011 and Order No. 30 (NY/2010), Ģ��ƵDT 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 Ģ��ƵDT 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 Ģ��ƵDT and Ģ��ƵAT must have the power to award interest in the normal course of ordering compensation.

Outcome

Appeal dismissed on merits

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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