| Shirley
Marshall worked for Watson Wyatt, a management consulting
company. She was terminated after roughly 12 months of
employment. She had been given a series of letters signed by
the company and herself, setting out the terms of her
compensation, which were part base salary and part
commission. She was terminated - without any allegations of
cause. When she refused to accept the offer of compensation,
she sued. She was met with arguments of cause to justify her
termination. Like the McNamara case, these allegations were
withdrawn shortly prior to the trial commencing. The company
also did not pay her the commissions they admitted were
owing, due to a dispute as to the sum that was owed -
Shirley had claimed more commissions were owing and was
successful in maintaining that claim at trial. The jury
ordered the company to pay Shirley 12 months compensation,
and also ordered a punitive damage award of $75,000 and full
legal costs. The total award with commissions owing at
termination date exceeded $500,000.
The Court of Appeal reduced the
trial judgment by eliminating the award of punitive damages.
Shirley had agreed to withdraw this claim before the appeal
had been heard. All other awards made by the jury were
sustained, with the exception of one commission component in
which a new trial was ordered. |
