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Judgment No. 1717

Decision

1. In executing Judgment 1614 the Fund shall observe the interpretation of the word "pay" under 3.
2. It shall pay the complainant interest at the rate of 8 per cent a year as from 1 May 1997 on the sums still due.
3. It shall pay her 5,000 French francs in costs.
4. Her other claims are dismissed.

Consideration 3

Extract:

"Interpretation depends both on the context and on the nature of the text. [...] Judgment 1614 used the word [pay] to determine the amount of damages and ordered the fund to pay [the complainant] what she would have earned for six months' service. So 'pay' means the amount she would have actually received had she been under contract for those six months, and it must include salary and any allowances payable to her of whatever kind - post adjustment, family allowance, and so forth. It does not, however, include the compulsory health insurance and other contributions that were routinely docked from her emoluments."

Reference(s)

ILOAT Judgment(s): 1614

Keywords

application for execution; application for interpretation; complaint allowed; complaint allowed in part; tribunal; interpretation; salary; allowance; definition



 
Last updated: 26.09.2014 ^ top