unfair dismissalverbal dismissalarbitrationburden of proofunderpayment
Tags
unfair dismissalverbal dismissalarbitration appealburden of proof
legislation
Statutes Cited
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the arbitrator erred in finding respondent was unfairly dismissed","issue_type":"mixed","dispositive":"yes","related_facts":"Alleged verbal dismissal on 28 March 2012; memorandum dated 26 March 2012"}
{"issue_text":"Whether the arbitrator erred in finding respondent was underpaid","issue_type":"law","dispositive":"yes","related_facts":"Claim of underpayment from $240 to $272; lack of evidence from respondent"}
{"issue_text":"Whether grounds of appeal satisfy section 98(10) Labour Act requirement of point of law","issue_type":"procedural","dispositive":"no","related_facts":"Formulation of grounds of appeal"}
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background
Facts of the Case
Background
The respondent was employed as a Bar Assistant/Assistant Cashier by the appellant. She alleged verbal dismissal on 28 March 2012 over a $1300 shortage. The matter went to arbitration where the arbitrator found in her favour on both underpayment and unfair dismissal claims.
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