2013 Hawaii Revised Statutes
TITLE 21. LABOR AND INDUSTRIAL RELATIONS
378. Employment Practices
378-64 Remedies ordered by court.

Revision Note

In this part, "part" substituted for "chapter".

Law Journals and Reviews

Wrongful Termination Law in Hawaii. V HBJ 71 (2001).

Employee Rights Under Judicial Scrutiny: Prevalent Policy Discourse and the Hawai‘i Supreme Court. 14 UH L. Rev. 189 (1992).

Confidentiality Breeds Contempt: A First Amendment Challenge to Confidential Ethics Commission Proceedings of the City & County of Honolulu. 18 UH L. Rev. 797 (1996).

Case Notes

Respondent's claims for discharge in violation of public policy and in violation of the Hawaii Whistleblower [sic] Protection Act were not preempted by the Railway Labor Act. 512 U.S. 246 (1994).

Protection afforded under this Act not restricted to at-will employees. 74 H. 235, 842 P.2d 634.

Plaintiff's Hawaii Whistleblowers' Protection Act and Parnar v. Americana Hotels, Inc. claims were preempted by §1305(a)(1) of Airline Deregulation Act of 1978. 870 F. Supp. 295 (1994).

The Act does not provide employees with a protected property interest, as it does not create an enforceable expectation of continued public employment. 120 F. Supp. 2d 1244 (2000).

Plaintiff could not maintain the present action where plaintiff had agreed to "forever release, acquit, and discharge" the claims in the mutual release and settlement agreement in plaintiff's first action. 686 F. Supp. 2d 1079 (2010).

Where plaintiff was removed from project, State did not violate the Act or the First Amendment to the U.S. Constitution when it reassigned the project to someone else. 76 H. 332, 876 P.2d 1300 (1994).

A. General Provisions

Note

Sections 378-61 to 378-69 designated as subpart A by L 2011, c 166, §3.

§378-64 Remedies ordered by court. A court, in rendering a judgment in an action brought pursuant to this part, shall order, as the court considers appropriate, reinstatement of the employee or public employee, payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages, or any combination of these remedies. A court may also award the complainant all or a portion of the costs of litigation, including reasonable attorney's fees and witness fees, if the court determines that the award is appropriate. [L 1987, c 267, pt of §1; am L 2011, c 166, §6]