wrongful dismissaldamages quantificationmitigation of damagesbackpayreinstatement
Tags
quantification of damageswrongful dismissalreinstatementdamages in lieu of reinstatement
legislation
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ai analysis
Case Summary
Key Issues
{"issue_text":"What is the appropriate period for calculating damages in lieu of reinstatement?","issue_type":"law","dispositive":"yes","related_facts":"Applicant claimed 36 months, respondent argued for 9 months, applicant made only 3 job applications"}
{"issue_text":"Should damages be calculated on gross or net salary?","issue_type":"law","dispositive":"yes","related_facts":"Both parties used same payslip, applicant claimed gross $1,311.45, respondent offered net $713.43"}
{"issue_text":"Has the applicant properly mitigated her damages?","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant made only 3 job applications, claimed economic climate prevented finding work"}
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background
Facts of the Case
Background
The applicant, a teacher wrongfully dismissed in March 2016, sought quantification of damages after an earlier judgment ordered her reinstatement or damages in lieu. She claimed 55 months of backpay and damages plus leave pay totaling $77,749.13.
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