back-payleave calculationdamages for loss of employmentsalary rate dispute
Tags
arbitration awardsalary calculationdamages
legislation
Statutes Cited
None cited or interpreted.
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the arbitrator erred in using US$427 as the monthly salary rate for calculating back-pay and damages","issue_type":"fact","dispositive":"yes","related_facts":"Appellant claimed US$764 monthly earnings, respondent produced payslip showing US$427 net pay"}
{"issue_text":"Whether the arbitrator used the correct formula for calculating damages in lieu of reinstatement","issue_type":"law","dispositive":"yes","related_facts":"Appellant claimed retrenchment package of US$54,500, arbitrator awarded 10 months' salary"}
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background
Facts of the Case
Background
The appellant appealed against an arbitration award that calculated his back-pay and damages based on a monthly salary of US$427. The dispute centered on whether his earnings included additional incentives that would increase his monthly salary to US$764 during certain periods.
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