Saskatchewan Centre of the Arts v. Local 295 [2007] S.J. No. 650 (Saskatchewan Court of Queen’s Bench)

First of two decisions.  The Saskatchewan Centre of the Arts applied for judicial review of an arbitration award made in favour of a local 295 member named Gyorfi.  Gyorfi had been summarily dismissed from his position as Chief Engineer for the Centre after 17 years of service.  The termination was successfully grieved before an arbitration board and by agreement of the parties Gyorfi was granted compensation in lieu of reinstatement.  In determining the amount of compensation owing, the arbitration board declined to take into account the fact that Gyorfi had mitigated his losses following his termination by obtaining alternative employment.  The Court granted the Centre’s application for judicial review finding that the Board had erred in failing to take into account Gyorfi’s mitigation; specifically, it held that he was not entitled to be placed in a better position than that enjoyed prior to his loss. 

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