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State Farm Mutual Automobile Insurance Co. v. Campbell, 538 U.S. 408 (2003), was a case in which the United States Supreme Court held that the due process clause usually limits punitive damage awards to less than ten times the size of the compensatory damages awarded and that punitive damage awards of four times the compensatory damage award is "close to the line of constitutional impropriety".
A wrongful dismissal will allow the employee to claim monetary damages in an amount that compensates the employee for the wages, commissions, bonuses, profit sharing and other such emoluments the employee would have earned or received during the lawful notice period, minus earnings from new employment obtained during the lawful notice period.
Honda Canada Inc v Keays, 2008 SCC 39, [2008] 2 SCR 362 is a leading case of the Supreme Court of Canada that has had significant impact in Canadian employment law, in that it reformed the manner in which damages are to be awarded in cases of wrongful dismissal and it declared that such awards were not affected by the type of position an employee may have had.
In Australia, punitive damages are not available for breach of contract, [5] but are possible for tort cases.. The law is less settled regarding equitable wrongs. In Harris v Digital Pulse Pty Ltd, [6] the defendant employees knowingly breached contractual and fiduciary duties to their employer by diverting business to themselves and misusing its confidential information.
The six-person jury ruled Young was awarded $4 million in lost earnings, $1 million in personal damages such as pain and suffering and said that punitive damages are warranted against CNN.
A firing notice viewed by HuffPost invited an employee to appeal their termination before the Merit Systems Protection Board, an agency whose Democratic chair President Donald Trump removed last ...
He argued this violated Texas state law public policy and sought damages for wrongful termination, mental anguish, including punitive damages. He sought to avoid a question of preemption of his claim by ERISA 1974 §514(a), [2] by not claiming lost pension benefits, or referring to pension plan details, and instead basing a claim solely upon ...
[d] Iacobucci J described damages arising from wrongful dismissal as forming part of the wages exemption under the Bankruptcy Act, stating: 65. As I see the matter, the underlying nature of the damages awarded in a wrongful dismissal action is clearly akin to the "wages" referred to in s. 68(1).
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