Isaya Hwendera v Arcturus Mine

Key Issues

• {"issue_text":"What is the reasonable period for which applicant should receive damages in place of reinstatement?","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's 25 years service, qualification as drill person, economic environment, mitigation efforts"}
• {"issue_text":"Is applicant entitled to punitive damages for premature loss of employment?","issue_type":"law","dispositive":"no","related_facts":"Previous Labour Court order limited remedy to damages in lieu of reinstatement"}
• {"issue_text":"Is applicant entitled to bonus payments during period of unemployment?","issue_type":"law","dispositive":"no","related_facts":"Bonus is performance-related, applicant was not working"}
• {"issue_text":"Should costs be awarded on attorney-client scale?","issue_type":"procedural","dispositive":"no","related_facts":"No evidence led to justify higher scale"}

Background