Exemplary damages (689,-666)

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Keywords: Exemplary damages
Total judgments found: 22

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• Judgment 2861

  
  107th Session, 2009
  World Meteorological Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 86

  Extract:

  [T]here can be no doubt that the decision of 3 November 2006 was taken in retaliation for her having exercised her right to seek review of the decision of 25 October and for having pursued her claims of harassment. So much is clear both from the Secretary-General’s letter of 3 November 2006 and the submissions filed in WMO’s reply. Retaliation on this basis is no different from retaliation for pursuing an internal appeal which, as the Tribunal pointed out in Judgment 2540, under 27, “is a gross abuse of power warranting an award of substantial exemplary damages”.

  Reference(s)

  ILOAT Judgment(s): 2540
  

  Keywords:

  abuse of power; exemplary damages; harassment; internal appeal; misuse of authority; retaliation;
  

  
  
  

• Judgment 2540

  
  101st Session, 2006
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 27

  Extract:

  "The Tribunal is obliged to note that it is a most serious breach of the rights of international civil servants to take retaliatory action simply because they have pursued an internal appeal. International civil servants - no matter how high their rank is - cannot protect their rights in national tribunals. Their only recourse is through the mechanisms established by the relevant Staff Rules. To punish a person because he or she has had resort to those mechanisms is a gross abuse of power warranting an award of substantial exemplary damages [...]."

  Keywords:

  abuse of power; amount; disciplinary measure; exemplary damages; hidden disciplinary measure; internal appeal; misuse of authority; municipal court; official; organisation's duties; right; right of appeal;
  

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