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AUDIO CONFERENCE
Remedies in Discharge Cases at Arbitration
 
THE EXPERTS:
Matthew CertosimoEmployer Counsel
Borden Ladner Gervais
  
Pamela Chapman Arbitrator/Mediator
  
Lyle KaneeUnion Counsel
Sack Goldblatt Mitchell
 
THE ISSUES:

Some of the questions addressed:

  • For what elements of loss will an arbitrator compensate an unjustly discharged grievor? (Wages and benefits, lost overtime opportunities, commissions, bonuses, job search expenses, etc.)

  • What conditions on reinstatement may arbitrators impose? (attendance requirements, medical treatment, apologies)

  • Can an arbitrator order that an unjustly terminated grievor be compensated in lieu of reinstatement?

  • When will such an order be made and how is appropriate compensation calculated?

  • Will arbitrators increase the amount of compensation provided to terminated employees in order to compensate for a bad faith discharge? (i.e., a 'Wallace' bump)?

  • What is meant by "grossing up" and when will it be ordered?

  • When will interest be ordered and how is it calculated?

 
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