Supporting People who Speak Out

USA – Standards – Remedies – Relief

USA – Standards – Remedies – Relief

3. (B)(i) The Merit Systems Protection Board may, during an investigation by the Office of Special Counsel or during the pendency of any proceeding before the Board, issue any order which may be necessary to protect a witness or other individual from harassment.

US (Dodd-Frank)

21F. ‘‘(i) CAUSE OF ACTION.-An individual who alleges discharge or other discrimination in violation of subparagraph (A) may bring an action under this sub­section in the appropriate district court of the United States for the relief provided in subparagraph (C).

‘‘(iii) STATUTE OF LIMITATIONS.- ‘‘(I) IN GENERAL.-An action under this sub­section may not be brought-

‘‘(aa) more than 6 years after the date on which the violation of subparagraph (A) occurred; or

‘‘(bb) more than 3 years after the date when facts material to the right of action are known or reasonably should have been known by the employee alleging a violation of subparagraph (A).

‘‘(II) REQUIRED ACTION WITHIN 10 YEARS.-Not­withstanding subclause (I), an action under this subsection may not in any circumstance be brought more than 10 years after the date on which the violation occurs.

‘‘(C) RELIEF.-Relief for an individual prevailing in an action brought under subparagraph (B) shall include-

‘‘(i) reinstatement with the same seniority status that the individual would have had, but for the discrimination;

‘‘(ii) 2 times the amount of back pay otherwise owed to the individual, with interest; and

‘‘(iii) compensation for litigation costs, expert wit­ness fees, and reasonable attorneys’ fees.

US (SOX)

806. `(1) IN GENERAL- A person who alleges discharge or other discrimination by any person in violation of subsection (a) may seek relief under subsection (c), by-

`(A) filing a complaint with the Secretary of Labor; or

`(B) if the Secretary has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy.

`(1) IN GENERAL- An employee prevailing in any action under subsection (b)(1) shall be entitled to all relief necessary to make the employee whole.

`(2) COMPENSATORY DAMAGES- Relief for any action under paragraph (1) shall include-

`(A) reinstatement with the same seniority status that the employee would have had, but for the discrimination;

`(B) the amount of back pay, with interest; and

`(C) compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees.

`(d) RIGHTS RETAINED BY EMPLOYEE- Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law, or under any collective bargaining agreement.’.

Zambia

47. (1) Where an employee applies in writing to the employer for relocation and the employer considers­ –

(a) that there is a danger that a person will engage in an unlawful reprisal in relation to the employee if the employee continues to hold the employee’s current position; and

(b) that the only practical means of removing or substantially removing the danger is relocation of the employee to another position in an employing agency;

the employer shall, as far as practicable, make arrangements for relocation of the employee to another position in the employing agency.

(2) Where an employee is relocated in accordance with this section, the employing agency of the employee being relocated shall-

(a) meet all reasonable relocation expenses; and

(b) take all reasonable steps to ensure that the employee is placed in a position of equivalent level of salary and duties.

48. Section forty-seven does not authorise the relocation of an employee in relation to an employer to another position in the employing agency without the consent of the employee.

49. (1) Any employee who has been subjected, is subject or may be subjected, to any occupational detriment in breach of section ten, may-

(a) apply to any court having jurisdiction, including the Industrial and Labour Relations Court for appropriate relief; or

(b) pursue any other process allowed or prescribed by any law.

(2) For the purposes of the Industrial and Labour Relations Act, including the consideration of any matter emanating from this Act by the Industrial and Labour Relations Court-

(a) any dismissal in breach of section ten is deemed to be an unfair dismissal; and

(b) any other occupational detriment in breach of section ten is deemed to be an unfair labour practice.

(3) Any employee who has made a protected disclosure and who reasonably believes that the employee may be adversely affected on account of having made that disclosure, shall, at that employee’s request and if reasonably possible or practicable, be transferred from the post or position occupied by that employee at the time of the disclosure, to another post or position in the same division or another division of the employer or, where the person making the disclosure is employed by a government agency to another government agency.

(4) The terms and conditions of employment of a person transferred in terms of subsection (3) shall not, without the person’s written consent, be less favourable than the terms and conditions applicable to that person immediately before the person’s transfer.

50. (1) A person who engages in an unlawful reprisal is liable in damages to any person who suffers detriment as a result of the unlawful reprisal.

(2) The damages referred to under subsection (1) may be recovered in an action in any court of competent jurisdiction.

51. Subject to the State Proceedings Act, an application to a court for an injunction or order under section fifty-two may be made-

(a) by a person claiming that the person is suffering or may suffer detriment from an unlawful reprisal; or

(2) by the Investigator-General on behalf of a person referred to in paragraph (a).

52. (1) If, on receipt of an application under section fifty-one, a court is satisfied that a person has engaged, or is proposing to engage, in-

(a) an unlawful reprisal; or

(b) conduct that amounts to or would amount to –

(i) aiding, abetting, counselling or procuring a person to engage in an unlawful reprisal;

(ii) inducing or attempting to induce, whether by threats, promises or otherwise, a person to

engage in an unlawful reprisal; or

(iii) being in any way, directly or indirectly, knowingly concerned in, or party to, an unlawful reprisal;

the court may-

(a) order the person to take specified action to remedy any detriment caused by the unlawful reprisal; or

(b) grant an injunction in terms the court considers appropriate.

(2) A court may, pending the final determination of an application under section fifty-one, make an interim order or grant an interim injunction.

(3) A court may grant an injunction or an interim injunction under this section whether or not the person has previously engaged in conduct of that kind.

(4) A court may make an order or an interim order under this section requiring a person to take specified action, whether or not the person has previously refused or failed to take that action.

Referenced Legislation: Whistleblower Protection Act (WPA) (1989)

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