Reinstatement is the usual remedy for employees fired without just cause in violation of the collective agreement. But what happens if the employee doesn’t want to go back to work for the company? The answer, of course, is they get damages instead. The arbitrator’s problem was figuring out a fair formula for a 10-month union school bus driver employee making $30.45 per hour. After a long and convoluted analysis weighing everything from seniority, wages, fringe benefits, the employee’s culpability and efforts to find new work to mitigate his losses, the arbitrator settled on $17.5K [First Canada ULC v International Union of Operating Engineers, Local Union No. 955, 2017 CanLII 86407 (AB GAA), Dec. 17, 2018].