Damages for Mental Distress

Damages for mental distress, are awarded to compensate for things such as emotional anxiety and mental suffering. These damages may only be awarded in circumstances where the actions or misconduct of the employer are "independently actionable". For conduct to be "independently actionable" it must involve actions of the employer which, standing alone, separate and apart from the employer's failure to provide reasonable notice of termination, would support an independent legal claim against the employer.

Special situations in which courts have awarded damages for mental distress include cases where very serious and totally unsupported allegations of cause for dismissal are made against the individual, including theft, fraud or actions that are equivalent to fraud, which result in the individual suffering emotional anxiety and distress. They have also been awarded in cases where the employer knew that the individual had previously suffered depression, emotional anxiety or stress that was revived or aggravated by the circumstances surrounding their termination.

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