Maternity leaveSalary discriminationMutual terminationArbitration award
Tags
Maternity leave discriminationSalary reductionUnfair labour practice
legislation
Statutes Cited
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the appeal was properly before court challenging factual findings","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant challenged arbitrator's factual findings"}
{"issue_text":"Whether appellant's failure to file heads of argument warranted dismissal","issue_type":"procedural","dispositive":"yes","related_facts":"Rule 19 of Labour Court Rules requires heads of argument"}
{"issue_text":"Whether costs on higher scale were warranted","issue_type":"procedural","dispositive":"no","related_facts":"Respondent claimed appellant abused court process"}
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background
Facts of the Case
Background
The respondent, employed as an accountant for five years, had her salary reduced from $700 to $450 during maternity leave and was subsequently terminated. The arbitrator found this constituted unfair labour practice and ordered reinstatement. The appellant appealed, challenging factual findings and failing to file heads of argument.
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