Earnings (677,-666)

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Keywords: Earnings
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• Judgment 3636

  
  122nd Session, 2016
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant has filed an application for execution of Judgment 3282.

  Consideration 4

  Extract:

  The complainant claims that the pension benefits he received from the CERN Pension Fund for the year 2013 and from the German pension system should not have been deducted as earnings from the material damages awarded to him. This claim is well founded. It is true that the concurrent payment of a sum equivalent to salary and an anticipated retirement pension could, in certain circumstances, render an award of material damages redundant. However, as noted above, in Judgment 3282 the Tribunal did not order ESO to grant the complainant a notional reinstatement; it decided to award material damages for loss of a valuable opportunity by reference to “an amount equivalent to two years’ salary, including all benefits, entitlements and emoluments”. In so doing, the Tribunal intended to provide a criterion for determining the amount of money to be paid as material damages. As stated in consideration 3 above, it did not intend to award the complainant the amounts he would have earned if his contract had been renewed for two years. In these circumstances, ESO’s argument that the amounts received by the complainant in pension benefits would render the award of material damages redundant is irrelevant, as no concurrent payment of salary and pension arises. It is also at odds with the Tribunal’s reasoning in this case, which does not involve notional reinstatement. ESO must therefore pay the complainant the relevant deducted amounts, together with interest at an annual rate of 15 per cent (covering damages for moral injury) from the date on which the material damages awarded in Judgment 3282 were paid until the date of the final payment.

  Reference(s)

  ILOAT Judgment(s): 3282
  

  Keywords:

  earnings;