-111-
*
*
*
299. As for Article 63(1) of the Convention, the Court orders first and foremost that
the injured parties be ensured the enjoyment of their rights or freedoms that were
violated, through the effective enforcement of the orders of amparo, the noncompliance with which has been declared by this Court (supra para. 277). If the
orders directing reinstatement of the workers to their jobs or to similar positions are
not complied with, the State must order reinstatement of the victims to their
positions and, should this not be possible, it must provide employment alternatives
where the conditions, salaries and remunerations that they had at the time they
were dismissed are respected.
300. In the event that reinstatement of the workers to their jobs or to similar
positions, according to the preceding paragraph, were not possible the State, as a
reparation measure, must proceed to pay the compensation prescribed for
termination of employment without just cause. Compensation amounts must be fixed
by the domestic authorities, taking into account the years served by each dismissed
worker, the time the worker remained unjustly dismissed and the salary the worker
earned, with any applicable readjustments. In case there be any disagreement or
discrepancies as to the determination of the compensation amounts they must be
settled finally in the domestic forum, following the local procedures, or establishing
procedures for the purpose, something which includes the possibility of resorting to
the authorities having jurisdiction, such as the national courts of justice.
B)
PECUNIARY DAMAGE
301. In this section, the Court shall address the pecuniary damage, which implies
the loss of, or detriment to, the income of the victim, the expenses incurred by
reason of the events and the pecuniary consequences that may have a cause-effect
link with the events in the instant case, for which, when applicable, the Court fixes a
compensatory amount seeking to redress the financial consequences of the violations
that were determined in this Judgment,175 taking into account the acknowledgment
made by the State before the Commission, the circumstances of the case, the
evidence tendered, the precedents of the Court, and the arguments by the parties.
302. Regarding the alleged loss of wages sustained by the dismissed workers with
respect to whom the orders of amparo ordering reinstatement were not complied
with, the Court observes that three of the orders of amparo also directed back
payment of the wages lost during the time they were dismissed (supra paras.
204(15), 204(42), 204(44)) and that in other two judgments it was provided to
acknowledge of “the right of plaintiffs and co-plaintiffs to demand, before the
authorities having jurisdiction, payment of the remunerations and other benefits
which they failed to receive from the date of their dismissal up to that of their
effective reinstatement to their positions” (supra para. 204(22)). As stated above
(supra para. 299), Peru must comply with said judgments.
175
Cf. Case of Blanco-Romero et al, supra note 24, para. 78; Case of García-Asto and Ramírez-Rojas,
supra note 16, para. 246; and Case of Gómez-Palomino, supra note 21, para. 124.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents