Judgment No. 4522
The complaint is dismissed.
The complainant challenges the decision not to conduct an investigation into allegations of breach of confidentiality and the refusal to disclose two documents.
disclosure of evidence; investigation; complaint dismissed; confidentiality
The Tribunalís case law clearly establishes that a complainantís claims must not exceed in scope the claims submitted during the internal appeal process. However, a complainant is not precluded from advancing new pleas (see, for example, Judgments 4009, considerations 10 and 14, and 4066, consideration 4).
ILOAT Judgment(s): 4009, 4066
new claim; new plea
The consistent case law of the Tribunal reiterates that with regard to damages, the complainant bears the burden of proof and she or he must provide evidence of the injury suffered, of the alleged unlawful act, and of the causal link between the unlawful act and the injury (see Judgments 3778, consideration 4, 2471, consideration 5, and 1942, consideration 6).
ILOAT Judgment(s): 1942, 2471, 3778
damages; causal link
With regard to the request for exemplary damages, the complainant has provided no evidence or analysis to establish that there was bias, ill will, malice, bad faith or other improper purpose on which to base an award of punitive damages (see, for example, Judgments 4286, consideration 19, and 3419, consideration 8). Accordingly, no exemplary damages will be awarded.
ILOAT Judgment(s): 3419, 4286