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Judgment No. 3154

Decision

1. The ITU shall pay the complainant the full amount owed (less any amount already paid) plus interest of 5 per cent par annum on the remaining amount, calculated from the time of the payment of the first amount to the time of the payment of the remaining amount due.
2. It shall also pay him costs in the amount of 4,000 Swiss francs.
3. All other claims are dismissed.

Summary

The ITU applies for interpretation of paragraph 2 of the decision in Judgment 2958 concerning the definition of "gross salary" for the calculation of termination indemnity.

Consideration 6

Extract:

"The ordinary meaning of 'gross salary' is the full amount of a staff member’s regular remuneration including allowances, overtime pay, commissions and bonuses, and any other amount usually paid, before any deductions are made. In context, the notion of 'gross salary' was chosen to indicate the base salary prior to the staff deduction, plus all allowances and benefits. This interpretation is consistent with the fact that the award of damages had to be the equivalent of reinstatement and that the express purpose was to compensate the complainant for the time he 'should have worked with the Union'."

Keywords

application for interpretation; judgment of the tribunal; amount; interpretation; gross salary; compensation; material damages



 
Last updated: 27.03.2017 ^ top