P was wrongfully dismissed from work. At work supervisor was oppressive and made life horrible. P found work 7 months later. D paid one month severance
Can punitive or aggravated damages by awarded for wrongful dismissal of employment?
The claim for compensation (aggravated damages) for mental distress must be grounded in an independently actionable conduct. NOTE: due to Whiten you no longer need an actionable wrong
Role of aggravated damages is compensatory (for plaintiff) – increased over and above the normal economic loss.
Punitive damages may only be employed in circumstances where the conduct giving cause for complaint is of such a nature that it merits punishment. – punish behaviour.