{"issue_text":"Whether the arbitrator erred in concluding that respondent had not resigned despite absence of written resignation","issue_type":"mixed","dispositive":"no","related_facts":"Management meeting where resignation discussed, no written resignation provided"}
{"issue_text":"Whether absence of meeting minutes meant respondent had not resigned despite oral evidence from managers","issue_type":"mixed","dispositive":"no","related_facts":"Managers gave oral evidence of resignation, no documentary evidence"}
{"issue_text":"Whether arbitrator erred in quantifying damages without giving employer opportunity to make representations under section 89(2)","issue_type":"procedural","dispositive":"yes","related_facts":"Damages quantified by arbitrator, appellant claims no opportunity for representations"}
{"issue_text":"Whether arbitrator properly quantified damages without calling for evidence from parties","issue_type":"procedural","dispositive":"yes","related_facts":"24-month damages awarded, no evidence led on quantification"}
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background
Facts of the Case
Background
The respondent employee lost his job after being accused of sexual harassment. Management offered him the option to resign to avoid embarrassment. While appellant claims respondent verbally resigned, respondent denies resigning and was subsequently barred from work. The matter proceeded to arbitration which found unfair dismissal and awarded reinstatement or damages.
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