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Judgment No. 1157

Decision

1. THE SUM DUE TO THE COMPLAINANT IS INCREASED BY 29,205 FRENCH FRANCS, FROM 60,795 TO 90,000 FRANCS.
2. THE BALANCE OF 29,205 FRANCS SHALL BEAR INTEREST AT THE RATE OF 10 PER CENT A YEAR AS FROM THE DATE OF HIS TERMINATION.
3. THE IMPUGNED DECISION IS QUASHED INSOFAR AS IT IS AT VARIANCE WITH THE TRIBUNAL'S RULING.
4. INTERPOL SHALL PAY THE COMPLAINANT 10,000 FRENCH FRANCS IN COSTS.

Considerations 7-8

Extract:

"The first factor of material damages is the complainant's administrative and financial status at the date of dismissal. [...] the second factor is how he has fared since dismissal: else he may obtain unjust enrichment."

Keywords

injury; material injury; compensatory allowance; unjust enrichment; termination of employment

Consideration 8

Extract:

it is "the duty of someone who alleges material injury to prove it or offer at least some cogent evidence of it".

Keywords

injury; material injury; evidence; burden of proof



 
Last updated: 24.08.2020 ^ top