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Judgment No. 6

Decision

The Tribunal,
Rejecting all other fuller or contrary conclusions,
Giving judgment by default, the defendant having failed to appear,
Orders the International Institute of Intellectual Co-operation to pay in full to the complainant her salary up to the expiration of her contract on 30 September 1941, after having deducted the sums which she received as salary en disponibilité;
Orders it also to pay under the head of damages a sum of 100,000 French francs;
To pay the contributions to the Pensions Fund for a period equal of the duration of the complainant's appointment;
To refund to the complainant the deposit made by her in accordance with Article VIII of the Statute of the Tribunal.

Considerations

Extract:

"[I]nsofar as the request for revaluation of the franc is concerned, general principles do not allow the acceptance of this request as formulated, but it is uncontested that the delay in paying the sums to which the Complainant was certainly entitled has caused her definite and considerable prejudice[.] [I]n addition to the moral prejudice resulting from the anxiety and suffering to which she was exposed, [the complainant] had to provide for her needs [...] in more and more burdensome economic conditions; and she had, moreover, to provide for the defence of her rights with the reduced means at her disposal".

Keywords

complaint allowed; material injury; moral injury; administrative delay; salary; exchange rate; payment; moral damages



 
Last updated: 15.09.2017 ^ top