{"issue_text":"Whether the arbitrator erred in finding the dismissal unfair when the respondent failed to account for his absence from 5-10 September 2013","issue_type":"mixed","dispositive":"yes","related_facts":"Unexplained absence period, medical certificates only covering later period, respondent's inability to explain absence at hearing"}
{"issue_text":"Whether the arbitrator correctly applied section 14(1) vs section 14B of the Labour Act","issue_type":"law","dispositive":"no","related_facts":"Arbitrator's reference to twelve days special leave provision"}
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background
Facts of the Case
Background
The respondent employee was dismissed for absenteeism from 5-10 September 2013. He produced medical certificates covering 11-13 September 2013. An arbitrator found the dismissal unfair and ordered reinstatement. The employer appealed, arguing the arbitrator erred in finding the dismissal unfair when the employee failed to account for his whereabouts during the initial period of absence.
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