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squaresinger ,

As an European, it’s kinda strange to me that the punitory damages are awarded to the person in question, for two reasons.

  • Punitory damages aren’t meant to protect that one person (it’s highly unlikely that Starbucks is going to wrongfully fire the same woman a second time) but instead they are meant to protect society
  • Punitory lawsuits should not depend on the legal budget of one individual

The way it works over here is like this:

There would be two lawsuits:

  • The regular civil lawsuit between the wronged person and the company. The result will be compensatory measures awarded to the wronged person.
  • The chamber of labour will run a separate lawsuit regarding law violations/structural issues of the company. The result will be a change in the company and punitory measures. If these include fees, they are awarded to the government.
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