In cases where it has been shown that loss has occurred due to misleading and deceptive conduct in recruitement [henceforth MDC], damages are awarded to restore as best as possible the state of affairs had one not been recruited, and this usually boils down to a difference in income between the two paths taken.
Q1: For sake of argument, let us say that other infringements occured during the employment relationship. These could be award breaches, GP contraventions etc.
If an over-arching MDC claim is brought I would assume that any settlements that were negotiated *during* employment for these miscellaneous breaches would be deducted from the overall damages on offer, as these infringements+settlements would be deemed not to have taken place if one had not been recruited. Is this the correct line of thinking? If so it feels like sins are going (partially) unpunished in this scenario, one way or the other.
What if the miscellaneous claims were made as *part of* an MDC claim, say to highlight a culture of poor management? Is there any scope for these unsettled indiscretions to be converted to exemplary damages that are excluded from compensatory income loss damages?
Q2: If it can be shown that the MDC was done, in part, to cause intentional harm to the original employer, and causation with resulting loss can be shown by said employer, can the original employer become a party to the MDC claim?
Q3: Notwithstanding unreasonable inaction to mitigate damages on the behalf of the claimant, what hurry is there to file an MDC claim knowing that past damages are easier to prove than speculative future damages? For example, what if a claimant suspects that their original employment position is likely to be made redundant sometime in the reasonably near future. Waiting for that scenario to play out before making a claim may well prove judicious. Furthermore, any time elapsed in making an MDC heaps more potential damages on the defendant it sould seem.
Q1: For sake of argument, let us say that other infringements occured during the employment relationship. These could be award breaches, GP contraventions etc.
If an over-arching MDC claim is brought I would assume that any settlements that were negotiated *during* employment for these miscellaneous breaches would be deducted from the overall damages on offer, as these infringements+settlements would be deemed not to have taken place if one had not been recruited. Is this the correct line of thinking? If so it feels like sins are going (partially) unpunished in this scenario, one way or the other.
What if the miscellaneous claims were made as *part of* an MDC claim, say to highlight a culture of poor management? Is there any scope for these unsettled indiscretions to be converted to exemplary damages that are excluded from compensatory income loss damages?
Q2: If it can be shown that the MDC was done, in part, to cause intentional harm to the original employer, and causation with resulting loss can be shown by said employer, can the original employer become a party to the MDC claim?
Q3: Notwithstanding unreasonable inaction to mitigate damages on the behalf of the claimant, what hurry is there to file an MDC claim knowing that past damages are easier to prove than speculative future damages? For example, what if a claimant suspects that their original employment position is likely to be made redundant sometime in the reasonably near future. Waiting for that scenario to play out before making a claim may well prove judicious. Furthermore, any time elapsed in making an MDC heaps more potential damages on the defendant it sould seem.
