-112303. The Court observes with great concern that the domestic judgments which are
the object of the instant case have provided for different solutions to the issue of the
wages lost by the victims who should have been reinstated. Nonetheless, this Court
is unable to modify judgments rendered by domestic courts regarding the period
extending from the date of dismissal until the orders of amparo. Therefore, with
respect to the orders of amparo that only direct reinstatement, this Court will
determine the pecuniary damage as from the date they became final and
unappealable.
304. Regarding the judgments that only order reinstatement, the Court deems
that, as those judgments are orders of amparo, they should have been abided by
forthwith so that the victims, once effectively reinstated, would have resumed
collection of their salaries. However, owing to the fact that six to nine years have
elapsed between the orders directing reinstatement and the instant judgment,
without the former having been complied with, the Court finds it necessary and just
that they be given compensation for lost wages,176 as this damage resulted from
non-compliance with the orders of amparo. Compensation amounts must be fixed by
domestic authorities and in case there be any disagreement or discrepancies
thereupon, they must be settled in the domestic forum, following the domestic
procedures applicable, something which includes the possibility of resorting to the
authorities having jurisdiction, among which the national courts of justice. The
amounts will be fixed taking into account the time the victims remained unjustly
dismissed, as from the date the judgments became final up to the effective
compliance therewith or up to the worker’s death and must include the amounts of
any lost wages. In the case of deceased workers, payments will be made to their
successors.
305. Likewise, the state authorities having jurisdiction must determine, under
domestic laws and by the pertinent mechanisms, who the victims with right to
retirement pension are, by reason of their age, health condition or any other
circumstances contemplated in the domestic laws. In the case of deceased victims,
the state authorities having jurisdiction must determine, under domestic laws and by
the pertinent means, who the beneficiaries of the pertaining death pension are. In
order to make such determinations, both the service years accrued and the time the
victims remained dismissed shall be taken into account.
306. The State must adopt any necessary measures to ensure that the workers
who have not been reinstated under the orders of amparo have access to the social
security system
307. The State must, within fifteen months, pay the victims the compensations for
loss of wages (supra para. 304), pay the pensions referred to above (supra para.
305) and ensure that the workers who have not been reinstated have access to the
social security system (supra para. 306).
*
*
176
*
Cf. Case of Baena-Ricardo et al. Judgment of February 2, 2001. Series C No. 72, para. 203; and
Case of the Tribunal Constitucional (Constitutional Court). Judgment of January 31, 2001. Series C No. 71,
para. 120.
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