Labour lawEmployment contractsCollective bargaining agreements
Keywords
underpaid wagesre-engagementcontinuous servicearbitral award
Tags
arbitral awardre-engagementcontinuous service
legislation
Statutes Cited
Labour Act (implied – governing labour arbitration procedure)
ai analysis
Case Summary
Key Issues
{"issue_text":"Did the arbitrator misdirect herself on facts regarding the capacity in which respondent was re-engaged?","issue_type":"fact","dispositive":"yes","related_facts":"Re-engagement in February 2011 at same salary"}
{"issue_text":"Did the arbitrator err in law by concluding that re-engagement entitled respondent to same grade wages?","issue_type":"law","dispositive":"yes","related_facts":"Application of continuous service definition from Collective Bargaining Agreement"}
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background
Facts of the Case
Background
The respondent was employed as a conductor by the appellant company, dismissed in December 2010, then re-engaged in February 2011 at the same salary. He was dismissed again in April 2012. An arbitrator awarded him $3,082.35 for underpaid wages and benefits, leading to this appeal.
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