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Judgment No. 234

Decision

The appeal is allowed to the extent aforesaid; and it is ordered that the Organization pay to the complainant compensation calculated as above.

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

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

Considerations

Extract:

Judgment No. 195 ordered the payment of US $20,000 in respect of moral and material damage. The period comprising the delay in payment began one month after the notification of the judgment and ended on the date of payment. "The amount of compensation should be ascertained by taking the difference between the rates as quoted on the international exchanges on these two dates."

Reference(s)

ILOAT Judgment(s): 195

Keywords

injury; moral injury; administrative delay; amount; amendment to the rules; period; exchange rate; payment; material damages



 
Last updated: 25.06.2020 ^ top