Judgment No. 569
1. THE ORGANIZATION SHALL PAY TO THE COMPLAINANT ON OR BEFORE 31 DECEMBER 1983 THE SUM OF 78,322 UNITED STATES DOLLARS.
2. THE ORGANIZATION SHALL REIMBURSE THE INTERNATIONAL LABOUR ORGANISATION WITH THE SUM OF 6,500 SWISS FRANCS.
3. THE COMPLAINANT'S APPLICATION FOR COSTS IS DISMISSED.
"The expert's fee [...] has been paid by the International Labour Organization. Since the expert's inquiry was a step in assessing the amount of the compensation for which the defendant organization is liable, the cost of the inquiry must be borne by the organization." It will reimburse the ILO with the amount in question.
ILOAT Judgment(s): 480
application for execution; organisation; cost of expert inquiry; payment
The complainant contends that the injured party should not have to bear the risk of an erroneous assumption which diminishes the amount of compensation and the Tribunal should arrive at a reasonable amount which will place the complainant in the position he would have been in if he had not been wrongfully dismissed. "This is certainly the general objective in the assessment of compensation for wrongful dismissal. But it does not mean that all assumptions are to be made in favour of the injured party so as to avoid the risk that he may suffer from an erroneous assessment."
amount; reckoning; termination of employment