The Role of Compensatory and Retributive Justice in Determining Damages in Employment Disputes†
研究陪审员和仲裁员在非法解雇案件中如何依据补偿性和惩罚性正义理论决定赔偿金额，发现雇主和雇员特征影响补偿性正义，而雇主特征影响惩罚性正义。
This study draws on theories of compensatory and retributive justice to examine how jurors and employment arbitrators reach decisions regarding awards and damages in cases involving allegations or wrongful discharge. The authors hypothesized that the decision to provide compensatory justice would be determined by both employee and employer attributes, whereas the decision to provide both compensatory and punitive justice would be determined by employer attributes. These hypotheses were tested using a policy-capturing exercise in which the decision makers were asked to make an award and damages determination in cases in which an employee was challenging his or her termination. Results generally support the hypotheses. Findings suggest that within the context of employment disputes, both jurors and employment arbitrators are influenced by a justice-providing motive that involves both compensating the victim and exacting retribution.