unlawful dismissalsuspensiondamagesback payarbitral award
Tags
suspensionterminal benefitsdamagesback pay
legislation
Statutes Cited
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the grounds of appeal are on a question of law or not","issue_type":"procedural","dispositive":"yes","related_facts":"Nature of arbitrator's findings"}
{"issue_text":"Whether the arbitrator erred by treating back pay and damages separately","issue_type":"law","dispositive":"yes","related_facts":"Award of $9,750.00"}
{"issue_text":"Whether the arbitrator erred by finding unlawful dismissal due to lapse of time","issue_type":"law","dispositive":"yes","related_facts":"Suspension for over a year without hearing"}
{"issue_text":"Whether the arbitrator erred by failing to consider alternative employment","issue_type":"law","dispositive":"yes","related_facts":"Appellant's claim of alternative employment"}
{"issue_text":"Whether the arbitrator erred in awarding damages not claimed","issue_type":"law","dispositive":"yes","related_facts":"Damages award of $1,200.00"}
{"issue_text":"Whether the arbitrator erred in awarding back pay and damages causing double compensation","issue_type":"law","dispositive":"yes","related_facts":"Award of back pay and damages"}
{"issue_text":"Whether the arbitrator erred by not subpoenaing the new employer","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant's request for subpoena"}
{"issue_text":"Whether the arbitrator erred in awarding arrear salaries","issue_type":"law","dispositive":"yes","related_facts":"Award of $2,150.00 as arrear salaries"}
{"issue_text":"Whether the arbitrator erred by not giving option of reinstatement","issue_type":"law","dispositive":"yes","related_facts":"Finding of unlawful dismissal"}
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background
Facts of the Case
Background
The respondent was suspended from employment in July 2014 without pay and without a disciplinary hearing. He was on suspension for over a year. The appellant eventually paid terminal benefits without conducting a hearing. The respondent claimed unlawful dismissal at arbitration and was awarded various sums including back pay and damages. The appellant appealed, arguing the arbitrator made errors of law.
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