Arbitration award reviewMisconduct dismissalPenalty interference
legislation
Statutes Cited
Labour Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether an arbitrator can substitute a dismissal penalty when misconduct is proven without finding employer abused discretion","issue_type":"law","dispositive":"yes","related_facts":"Employee found guilty of misconduct, employer imposed dismissal, arbitrator substituted with final warning"}
{"issue_text":"Whether gratuity can be awarded without legal basis in contract, statute or collective bargaining agreement","issue_type":"law","dispositive":"yes","related_facts":"No CBA cited, no contractual or statutory basis shown"}
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background
Facts of the Case
Background
The respondent employee was dismissed for misconduct after failing to follow up on processed refunds. An arbitrator found her guilty of misconduct but substituted the dismissal penalty with a final written warning and awarded gratuity. The employer appealed against this arbitration award.
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