Court of Appeal Wellington
30 May; 21 June 1988
Cooke P, Somers and Hardie Boys JJ
30 May; 21 June 1988
Cooke P, Somers and Hardie Boys JJ
Damages — Assessment — Damages for expulsion from union — Principles for award of damages for loss of earnings discussed — Worker was expelled from union and, as a result, was dismissed from his employment — Expulsion was unlawful and worker sought damages from union for lost earnings and for loss of status and mental distress — Whether damages may be awarded for loss of status and mental distress — Whether unemployment benefit paid to worker should be deducted from damages awarded for loss of earnings — Whether tax that the worker would have paid on his earnings if he had not been wrongfully expelled should be taken into account in assessment of damages.
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