Too Much Compensation?

[albaqwerty]

https://www.apost.com/en/blog/court-awards-dishwasher-215-million-because-her-boss-made-her-work-sunday-shifts/22231/?un_id=1566083041093&utm_source=fb_buffer&utm_medium=fb_1072039129479100_nt_us&utm_term=USA_en&utm_campaign=blog_22231&utm_content=633&fbclid=IwAR11UTFuceWIJBoIRnvziEkdCQCwfHoHS34Nyr96SQP2lhgAYcoMOyQKJGg

seems to me to be a tad excessive, wonder if legislators might consider a cap on compensation - but then again, probably not :D

[TonyV]

Alba This is America though?

[ummmm]

For goodness sake!

[albaqwerty]

it is, Tony, it's an obscene amount, bu maybe by their standards, it's fair.

However, I've yet to find the appeal and reading it's being lowered or negated.

[retrocop]

Good old US of A. The land that invented PC and the compensation culture. They say that if America sneezes we catch the cold later.
That is why we have some Doris ringing us up and trying to persuade us we had a traffic accident last month and hospital follow up appointment cards have the details of some ambulance chasing sheister law firm printed on the back. No wonder the NHS struggles when they are sued at the drop of the hat.

[TonyV]

Alba but I guess if it was in her contract that she was unable to work on a Sunday, then lawyers would have had a field day and earnt a princely sum for it.

[Mamyalynne]

Goes to show these big outfits should honour their side of the contact, I have no clue on American Law in this area (or any other) but glad she won.

[albaqwerty]

Retro, some years back, Mr alba was shunted in the rear (vehicular I hasten to add) some legal person (from the guy who caused the accident)phoned him to see if he wanted to claim compo and was amazed/disappointed when he was told that Mr Alba was fine, thank you, and wouldn't be seeking comp.

[albaqwerty]

Must admit, I am glad she won, would the 21million be a warning to other companies who ignore the law perhaps?

[Baldric]

I think your OP Link is a tad excessive, try this

https://tinyurl.com/y4csuv97

[Buenchico]

It's clearly a ridiculous amount. In English law 'punitive damages' (or 'exemplary damages', as they're called here) can only be awarded in very limited circumstances, which wouldn't apply if a similar case came before the courts in England or Wales.

However (even though the sums can be much lower than in the USA) our courts do sometimes make some very silly awards. That's because, in cases before a jury, it's entirely up to the jury to determine what sum should be awarded. (The judge isn't allowed to guide them). So, back in 1991, William Roache was awarded £50k simply because The Sun referred to him as 'boring'! (If I'd been on that jury, I'd have suggested 50p as a more reasonable amount!)

[retrocop]

Hope the devout religious lady acquiesces to her Catholic priest with the silver salver who will now be banging on the front door for a divi of her new found wealth. Glory be our God looks after his children.
"Hand it over lady or you'll be damned for eternity."

[TonyV]

Chris I did not realise that Jury decided on amount of damages in UK, thought lawyers haggled over it once a case was proven?
Must check my local pavements for trip hazards, although I already know one and avoid it, but on the other hand?

[Mamyalynne]

I was in a situation whereby I was sacked despite the fact I was clear on my application and this was agreed on my acceptance to the position.

A letter from a Lawyer made them rethink and I was reinstated with a grovelling apology , this shouldn't have happened - pot washer or not.

[TonyV]

Good for you Lynne.

[Mamyalynne]

Ta, don't go breaking any bones on pavements over here Tony - promise me.

[Buenchico]

Most civil cases are heard before a judge, Tony, with no jury involved. In such cases it's up to the judge to decide (based upon 'the balance of probabilities') which side has the stronger case and, after listening to repesentations from the two parties involved (or their lawyers) to determine the amount to be awarded.

In the County Court (where civil cases are heard) a jury only sits in cases involving defamation, false imprisonment or malicious prosecution, or in any cases alleging fraud. Unlike in the Crown Court (where 12 people serve on a jury hearing criminal cases), there are only 8 people on a County Court jury.

[TonyV]

Lynne I should have put a smiley at the end of my last reply x

[jno]

he was trying to force her to act in breach of the company's agreement with her. Corporate bullying should be penalised; and if you think the penalties will be harsh, don't do it.

[Mozz71]

The compensation is massively excessive, but you know what? Good for her. It makes a change for the little guy to be the one to benefit.

[Theland]

A bloody nose for a big corporation. They are all exploiters.
Our supermarkets pay dismal wages and the shift premium and weekend and bank holiday premiums are a joke.
The unions are crushed so it's nice to hear of a goal for the workers.