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Labour Arbitration
1. Introduction to Labour Arbitration
2. The Legal and Contractual Framework
3. Key Parties and Roles
4. The Grievance Procedure
5. Pre-Arbitration Stage
6. The Arbitration Hearing
7. Substantive Issues in Discipline and Discharge Arbitration
8. Substantive Issues in Contract Interpretation Arbitration
9. Non-Disciplinary and Human Rights Issues
10. The Arbitration Award
11. Post-Award Procedures
12. Special Procedures and Considerations
The Arbitration Award
Structure and Content of the Award
Introduction and Parties
Summary of Facts
Agreed Facts
Disputed Facts
Positions of the Parties
Union Position
Employer Position
Issues to be Determined
Analysis and Reasoning
Legal Principles
Application to Facts
Final Decision and Remedy
Costs Determination
Arbitral Remedies
Reinstatement
Unconditional Reinstatement
Conditional Reinstatement
Limitations and Restrictions
Compensation for Lost Wages and Benefits
Calculation Methods
Mitigation of Damages
Interest on Awards
Substitution of Penalty
Lesser Disciplinary Measures
Conditions and Monitoring
Declaratory Relief
Clarification of Rights
Interpretation of Contract Terms
Compliance Orders
Specific Performance
Future Conduct Directions
Monetary Damages
Compensatory Damages
General Damages
Interim and Expedited Awards
Urgent Matters
Preliminary Decisions
Final Determination Reserved
Final and Binding Nature
Legal Effect of Awards
Res Judicata
Limitations on Re-litigation
Costs of Arbitration
Arbitrator Fees
Administrative Costs
Legal Representation Costs
Allocation Between Parties
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9. Non-Disciplinary and Human Rights Issues
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11. Post-Award Procedures