Employee Grievance, Damages, Discharge, Compensation, Duty of Mitigation
Employee Discharge alleging unjust discharge. Determination of quantum of damages.
In an award dated November 21, 1969, this board ordered the grievor to be reinstated in employment with compensation for loss of income except for wages she would have received in the first two weeks following her discharge by the company. Mr. Wrycraft dissented. The majority award stated that the grievor was subject to a duty to mitigate her losses so that any actual earnings and an amount equal to any earnings that she could have had if she had made a reasonable and prudent effort to find other work during the period of her discharge were to be deducted from her compensation. The working out of the exact amount of compensation was left to the parties, with the board remaining seized of the matter. The parties were unable to agree on the proper amount of compensation and the board reconvened.
Re United Steelworkers and Vulcan Containers (Canada) Ltd (1970), 21 LAC 167, 1970 CanLII 1625 (Can LA) (Arbitrator: Innis Christie).