No damages for non-economic loss for employment contract breaches

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The question of whether damages can be awarded for such unliquidated damages (ie those not capable of being proved by figures) such as distress, humiliation and loss of reputation under an employment contract has again been before the courts. In Shadiac v SAAFL (2014) SADC 124 delivered on 11 July 2014 a football administrator claimed that he had been sacked mid season and in breach of his contract of service and sought damages to include a sum to compensate him for inter alai loss of reputation, reduced earning capacity, humiliation hurt and distress. On appeal a judge has held that whilst the Baltic Shipping Line case ((1993)176 CLR 344) is authority for the proposition that such damages can be awarded for breach of contract, the law in South Australia is settled and such damages cannot be received there unless the very strict exceptions outlined by the High Court in that case are made out.

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