Damages for Salaries and Allowances - Essay Example

Jill would likely claim damages and remedies for suffering ‘injury’ and damaged reputation following the employer’s concealment of some sections of the contract to her during recruitment. Additionally, she may claim damages for wrongful dismissal from the job; and her denial of benefits despite the purported validity of the contract. As an arbiter, I would ask the employer to reinstate Jill from the date of dismissal with compensation entitlements for the time the employee has been away, but under new and clearer terms that would not be injurious to her morals and reputation as a staunch Christian. She would then withdraw the notice she had issued to the Justice Department. Usually, any monetary compensation is not applicable in her case because she served for less than six months.  

Wrongful dismissal

            According to Palmer, if she brought the issue to the Federal Court, the judges would order the implementation of any of the two primary remedies for illegal termination of the employment contract (158): first, the two parties can either be ordered to honor the contract and perform what it entails in letter and spirit throughout the remaining period of the agreement or order the payment of damages to Jill for the injuries she has suffered. As a Federal Judge, I would not recommend the implementation of specific performance of the employment agreement because a substantial amount of time may have elapsed between the period of the purported breach of the contract or dismissal and when the verdict of the Supreme Court is given. The Federal Court deliberates mainly on appeal cases, which may have lasted several years under lower jurisdictions.  

            Secondly, I would be unwilling to force the two parties to carry on their employment relationship when frosty ties may have already set in. For instance, Jill’s decision to contact the Justice Department following what she perceived to be ‘unethical’ responsibilities bestowed upon her by the employer, which definitely led to the breach of the contract, may have caused irreparable loss of trust between the two parties. According to Palmer, compensation would be the most appropriate remedy for Jill’s wrongful dismissal (175). I would award her damages for loss of wages and other compensation; and the injuries stemming from the termination of the contract, such as psychological trauma.

Conclusion

            Damages for salaries and allowances generally encompass the sum of all benefits that Jill was entitled to under the agreement. I would however not include any bonuses that the employer may have given to her. For compensation, she would be entitled to a salary and allowances calculated for a period of five years when the contract was expected to be legally terminated. Owing to the fact that the legal doctrine provides that compensation measures be made to put the wronged party in the same level as if the agreement had been implemented according to its provisions, I would grant Jill damages amounting to $650,000. The extra $200,000 is any allowances and compensation for injuries she has suffered.