fixed-term contractpermanent employeetacit relocationdamages quantificationreinstatementarbitral award
Tags
fixed-term contracttacit relocationdamages quantificationarbitration award
legislation
Statutes Cited
No statutes were cited or interpreted in this judgment.
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the appellant was an employee on a fixed-term contract or a permanent employee","issue_type":"mixed","dispositive":"yes","related_facts":"Yearly contracts signed 2005-2008; refusal to sign 2009 contract; principle of tacit relocation"}
{"issue_text":"Whether the arbitrator erred in relying on unsigned contracts to find fixed-term employment","issue_type":"law","dispositive":"no","related_facts":"2009 contract prepared but not signed"}
{"issue_text":"Whether the arbitrator used the correct method in quantifying damages","issue_type":"law","dispositive":"no","related_facts":"Seven months damages awarded based on unexpired contract period"}
{"issue_text":"Whether the arbitrator should have awarded leave days and arrear salaries","issue_type":"procedural","dispositive":"no","related_facts":"Terms of reference limited to quantification of damages in lieu of reinstatement"}
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background
Facts of the Case
Background
The appellant was employed from December 2005 until termination around 25 June 2009. After arbitration awarding reinstatement or damages, the respondent appealed and the matter was referred to quantify damages. The arbitrator awarded $2,100 for seven months, finding the appellant was on a fixed-term contract. The appellant appealed this quantification award.
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