{"issue_text":"Whether a disciplinary acquittal automatically entitles an employee to reinstatement","issue_type":"mixed","dispositive":"yes","related_facts":"Disciplinary hearing found respondent not guilty; appellant failed to remove suspension"}
{"issue_text":"Whether the arbitrator erred in finding that appellant had reinstated respondent through letter of 28 January 2010","issue_type":"law","dispositive":"no","related_facts":"Letter stated respondent would be reinstated on payroll"}
{"issue_text":"Whether agreement on exit package was concluded between parties","issue_type":"law","dispositive":"yes","related_facts":"Respondent requested advance; appellant deposited money without acceptance"}
{"issue_text":"Whether five-year period for finding alternative employment was reasonable","issue_type":"fact","dispositive":"no","related_facts":"Arbitrator awarded five years' damages; respondent claimed ten years"}
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background
Facts of the Case
Background
The respondent, employed as Managing Director of Cimas Medical Aid Society's Health Care Division, was suspended on misconduct allegations in 2008. After a disciplinary hearing chaired by Justice Smith found him not guilty on both charges, the employer failed to formally remove the suspension or reinstate him. The parties became embroiled in litigation culminating in arbitration where the arbitrator awarded damages for wrongful dismissal.
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