OGSB 1995

The grievor was reinstated with back pay after a wrongful dismissal, receiving four years of income in a single lump sum.

This resulted in a significantly higher tax burden than if the income had been earned over the four years.

The union sought additional compensation to cover this extra tax, plus a 'gross up' to account for the tax payable on the additional compensation itself.

The Grievance Settlement Board allowed the claim, applying the 'make whole' principle of contract damages.

The Board held that the increased tax burden was a reasonably foreseeable consequence of the employer's breach and ordered the employer to compensate the grievor for the tax differential, grossed up.

The grievor, a rehabilitation counsellor, was discharged after pleading guilty to off-duty charges of gross indecency and sexual assault involving young boys.

The employer argued the discharge was justified due to the nature of the crimes, the grievor's disruptive behaviour at work, and resistance from co-workers.

The Grievance Settlement Board found that while the grievor's crimes were repugnant and his workplace behaviour difficult, the employer failed to apply progressive discipline for his workplace misconduct.

The Board ordered the grievor reinstated without compensation, subject to strict conditions including ongoing psychiatric treatment and placement in a non-field position.