Rejection of compensation for unpaid wages for victims of human trafficking

Facts

Parties involved: A. (the plaintiff), B. (the defendant), Directorate General for Institutional and Municipal Affairs of the Canton of Vaud (DGAIC).

Courts involved: Correctional Court of the Republic and Canton of Geneva, Administrative and Public Law Court of the Vaud Cantonal Court (CDAP), Federal Court.

Key dates: 11 August to 3 October 2016 (work period), 22 November 2022 (CDAP ruling), 9 January 2023 (appeal to the Federal Court), 11 October 2023 (Federal Court decision).

Main facts: [B.] brought [A.] to Switzerland to work on a construction site under unsanitary conditions and systematically deferred the payment of his salary. After the end of the construction site, [B.] disappeared, leaving an envelope containing an amount of money insufficient to cover the unpaid wages. [A.] was convicted of human trafficking and was ordered to pay moral compensation and damages for the unpaid wages. [A.] requested additional compensation for the unpaid wages, but his request was rejected by the CDAP and the Federal Court.

Considerations

The Federal Court examined whether art. 19 para. 3 VSA excluded compensation for unpaid wages for victims of human trafficking. The Court concluded that art. 19 para. 3 VSA was clear and expressly excluded compensation for material damages, including unpaid wages. The Court also examined whether the refusal to compensate respected international law, in particular art. 4 ECHR and art. 15 CETEH. The Court concluded that neither art. 4 ECHR nor art. 15 CETEH imposed a positive obligation to establish a subsidiary compensation mechanism by the State for unpaid wages.

The Court also examined whether art. 19 para. 3 VSA could be interpreted to include compensation for unpaid wages. The Court concluded that the literal interpretation of art. 19 para. 3 VSA was clear and did not allow such an interpretation. The Court also examined whether art. 19 para. 3 VSA could be interpreted in light of art. 19 para. 2 VSA, which provides for compensation for damages resulting from bodily injury. The Court concluded that art. 19 para. 2 VSA did not apply to unpaid wages.

The Court finally examined…