Judgment No. 480
Decision
1. Under paragraph 3 the sum of US$50,000, instead of US$112,707, should be deducted as representing possible earnings from other employment.
2. Under paragraph 5 above the Organization shall pay to the complainant US$10,000 in respect of legal expenses.
3. The claim for diminution of pension shall be settled in accordance with paragraph 4 above.
Consideration 3
Extract:
"As the Tribunal has said [...] in Judgment No. 431, the compensation generally awarded [upon non-renewal of contract] is less than the remuneration which the complainant would have received had he been reinstated. This is because he is not necessarily deprived of all means of livelihood."
Reference(s)
ILOAT Judgment(s): 427, 431
Keywords
application for execution; amount; reckoning; contract; fixed-term; salary; non-renewal of contract; material damages
Consideration 2
Extract:
"The complainant has not provided any satisfactory evidence that his salary would have increased if he had remained in the organization. It would no longer have increased by annual increments, since he had already reached the top level of his grade. His emoluments were expressed in United States dollars and there is no evidence of possible adjustments for cost of living." No such amounts will therefore be included in the reckoning of compensation.
Reference(s)
ILOAT Judgment(s): 427
Keywords
amount; damages; lack of evidence; reckoning; salary; adjustment; cost-of-living increase
Consideration 4
Extract:
The Tribunal regards "the true measure of the complainant's loss" as the amount of the pension to which he is entitled. "If the parties cannot agree upon this actuarial calculation or upon an actuary whose calculation they would accept, the matter must come back to the Tribunal, which, acting under Article 11 of the Rules of Court, will appoint an expert to fix the sum."
Reference(s)
ILOAT reference: ARTICLE 11 OF THE RULES
ILOAT Judgment(s): 427
Keywords
injury; tribunal; amount; damages; expert inquiry
A
Extract:
In accordance with the Tribunal's decision in Judgment No. 427, the complainant submitted claims for compensation. The organization paid the complainant various sums. The complainant is still not satisfied and asks the Tribunal to assess the balance which he believes to be due.
Reference(s)
ILOAT Judgment(s): 427
Keywords
application for execution; amount; damages
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