damagesmitigation of losswrongful dismissalback-pay
legislation
Statutes Cited
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether an arbitrator can award 12 months damages when finding that employee failed to mitigate loss","issue_type":"law","dispositive":"yes","related_facts":"Failure to mitigate loss, 12 month damages award"}
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background
Facts of the Case
Background
The appellant appealed against an arbitral award that granted the respondent 12 months salary as damages for wrongful dismissal. The arbitrator had found that the respondent failed to mitigate her loss but still awarded 12 months damages.
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