This is a type of compensation which can be awarded by the Employment Tribunal in discrimination cases. Aggravated damages, save in employment claims, are awarded in a relatively limited set of circumstances and we consider that the inclusion of the terminology aggravated damages as opposed to exemplary damages may solve one problem but create another. In some cases the court may award damages which go beyond a strict measure of compensation. aggravated damages: in England, in certain cases, the court can consider the defendant's conduct in fixing the damages to take into account the injury to the plaintiff's dignity and pride. Judge Jarman finally turned to aggravated or exemplary damages, saying: “The conduct of the police goes beyond a mistake of law. In one case, a tribunal awarded £2,000 when the employer tried to prove the employee was lying and wouldn’t accept he was disabled despite overwhelming medical evidence. 1 That case was concerned with the award of exemplary damages, monetary awards that are aimed at punishing defendants for the … In Quach v.Mitrux Services Ltd., 2020 BCCA 25 (Quach), the British Columbia Court of Appeal overturned the trial court's decision to award aggravated damages to an individual whose job was terminated before his employment began because the manner of dismissal did not cause the requisite "mental distress. In other words, when awards for aggravated damages are made, it is not intended to be a punishment for the defendant to discourage this type of behaviour in the future. This is a study of aggravated damages as they have developed in English and Australian law since 1964, the year in which they emerged in their modern iteration in Lord Devlin’s famous speech in Rookes v Barnard. Examples of non-compensatory damages include nominal damages, aggravated damages, restitutionary damages and account of profits. You might get one if your employer meant to hurt you or if they were rude or dismissive at the hearing. The Background of Aggravated Damages. Damages should be proportionate to the seriousness of the defamation and the extent of publication. 'Aggravated damages' may be awarded where the conduct of the defendant has increased the subjective hurt suffered by the claimant. aggravated damages are compensatory and not punitive; and; aggravated damages represent an aspect of injury to feelings rather than a wholly separate head of damages. A case discussing aggravated damages: HM Land Registry v McGlue (link to danielbarnett.co.uk), Employment Appeal Tribunal (EAT), February 2013 The EAT discussed the requirements for an award of aggravated damages, and held that they were not met in this case. [The 2005 Regulations] are clear as to the effect of a certificate of insurance which is liable to be avoided for material non-disclosure. 158. Enforcement: will I … 1. Her claim for exemplary damages failed as she did not satisfy either of the categories set out in the seminal decision of Rookes v Barnard [1964] AC 1129. Awards for aggravated damages are made to ensure the victim is compensated for any distress or injury to feelings as a direct result of the actions of the defendant. Her consequential claim for aggravated damages also failed. The woman who was called “Crazy Miss Cokehead” by her manager has been awarded nearly £3.2m by an Employment Tribunal for sexual harassment, reportedly including £44,000 for injury to feelings and a further £15,000 in aggravated damages. She recovered in respect of the loss of dependency and a modest sum for her father’s pain and suffering prior to death. 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