Standard of Correctness
Home › Index of Contents › Unjust Dismissal: Judicial Review: Standard of Correctness Unjust Dismissal: Judicial Review: Standard of Correctness The standard of correctness, however, provides that there is only…
Anecdotal Review of Unreasonable Findings
Home › Index of Contents › Unjust Dismissal: Judicial Review: Unreasonable Findings: Anecdotal Review Unjust Dismissal: Judicial Review: Unreasonable Findings: Anecdotal Review The principled analysis of deference given to the…
Deference
Home › Index of Contents › Unjust Dismissal: Judicial Review: Standards: Deference Unjust Dismissal: Judicial Review: Standards: Deference The review of the adjudicative award is based on the standard of…
Standards of Judicial Review
Home › Index of Contents › Unjust Dismissal: Judicial Review: Standards Unjust Dismissal: Judicial Review: Standards Broadly speaking, remedial orders made in labour cases are allowed a “wide margin of…
Aggravated & Punitive Damages
Home › Index of Contents › Unjust Dismissal: Remedy: Aggravated & Punitive Damages Unjust Dismissal: Remedy: Aggravated & Punitive Damages There is no dispute that the adjudicator appointed to hold…
Remedy in Lieu of Reinstatement
Home › Index of Contents › Unjust Dismissal: Remedy: Damages in Lieu of Reinstatement Unjust Dismissal: Remedy: Damages in Lieu of Reinstatement Future Loss The question arises as to what…
Legal Costs in Unjust Dismissal
Home › Index of Contents › Unjust Dismissal: Remedy: Legal Costs Unjust Dismissal: Remedy: Legal Costs The Federal Court of Appeal considered a judicial review application in which the employee…
Remedy in Lieu of Reinstatement
Future Loss The question arises as to what compensation, if any, should be ordered where reinstatement has been denied. The Federal Court of Appeal in its 2023 decision noted that…
Remedy – Lost Income
Home › Index of Contents › Unjust Dismissal: Remedy: Lost Income Unjust Dismissal: Remedy: Lost Income The principle of assessing such a loss is not based on wrongful dismissal concepts.…
Reinstatement – Anecdotal
Home › Index of Contents › Unjust Dismissal: Remedy: Reinstatement: Anecdotal Review Unjust Dismissal: Remedy: Reinstatement: Anecdotal Review The principled review is discussed above. Review Both Sides The issue of…