Working individually or in pairs, you will apply what you have learned about contracts and
employment law to a past situation between Dustin Byfuglien, the Winnipeg Jets defensemen and
the Winnipeg Jets organization using only the information below. Background Story In 2019, the
Winnipeg Jets and Dustin Byfuglien went before an arbitrator (retired Judge) to discuss if Byfuglien
should be paid his $8 million USD salary as he was injured. There were a few issues at play here
for the arbitrator to use for a judgement. - The team doctor and Byfuglien signed off a document
stating that Dustin was healthy at the end of the season in May 2019. Every player has to sign off
on the physical as well as the doctor. Both Byfuglien and the doctor signed off meaning that at the
end of the season, he was deemed healthy. - In August 2019, Byfuglien returned to Winnipeg and
asked Jets management for time to think about his playing future. He did not report to training
camp and the Jets gave him the time and space he needed to make his decision. - Several weeks
passed without any commitment from Dustin. The Jets then suspended him without pay at the
start of the 2019 season in October. The Jets did this for salary cap reasons and because you
cannot pay someone who has not reported to work. - Unknow to the Jets, Byfuglien independently
went and had ankle surgery the summer of 2019. He told the Jets about the surgery after the
operation. He also said his foot was broken and the team did not know about it nor did he tell
them. As far as the timeline goes, it seems like the Jets were set on giving Byfuglien the time and
space needed to make an informed decision about his future. There is no evidence that Byfuglien
did not re-injure his ankle or break his foot over the 2019 summer. An aside about ankles: people
with a history of ankle injuries may need to go physio more than once. With a bad sprain, at some
point the joint is compromised and the ankle is permanently damaged and will always sprain/roll
easily now. If this is the case with Byfuglien, and we don't know the nature of his ankle injury, this
could be why Byfuglien developed more ankle issues over the summer or his ankle never fully
healed. Byfuglien's lawyer had argued in arbitration that Byfuglien was not suspended because he
was injured, but because he did not report for training camp. Had he reported to training camp and
then told the Jets his ankle was bothering him, he would have been fine. The suspendable act was
not showing up. Byfuglien wanted to get paid, but the facts are he did not show up at camp and to
top it off, he got surgery on his ankle without telling the Jets.5. Was Dustin on strike or was it
implied repudiation or neither? Did the Jets lock him out in this dispute? (2 marks) 6. As the
arbitrator, make your decision and explain why? Give two specific legal reasons with details (4
marks).
Working individually or in pairs you will apply what you ha.pdf
1. Working individually or in pairs, you will apply what you have learned about contracts and
employment law to a past situation between Dustin Byfuglien, the Winnipeg Jets defensemen and
the Winnipeg Jets organization using only the information below. Background Story In 2019, the
Winnipeg Jets and Dustin Byfuglien went before an arbitrator (retired Judge) to discuss if Byfuglien
should be paid his $8 million USD salary as he was injured. There were a few issues at play here
for the arbitrator to use for a judgement. - The team doctor and Byfuglien signed off a document
stating that Dustin was healthy at the end of the season in May 2019. Every player has to sign off
on the physical as well as the doctor. Both Byfuglien and the doctor signed off meaning that at the
end of the season, he was deemed healthy. - In August 2019, Byfuglien returned to Winnipeg and
asked Jets management for time to think about his playing future. He did not report to training
camp and the Jets gave him the time and space he needed to make his decision. - Several weeks
passed without any commitment from Dustin. The Jets then suspended him without pay at the
start of the 2019 season in October. The Jets did this for salary cap reasons and because you
cannot pay someone who has not reported to work. - Unknow to the Jets, Byfuglien independently
went and had ankle surgery the summer of 2019. He told the Jets about the surgery after the
operation. He also said his foot was broken and the team did not know about it nor did he tell
them. As far as the timeline goes, it seems like the Jets were set on giving Byfuglien the time and
space needed to make an informed decision about his future. There is no evidence that Byfuglien
did not re-injure his ankle or break his foot over the 2019 summer. An aside about ankles: people
with a history of ankle injuries may need to go physio more than once. With a bad sprain, at some
point the joint is compromised and the ankle is permanently damaged and will always sprain/roll
easily now. If this is the case with Byfuglien, and we don't know the nature of his ankle injury, this
could be why Byfuglien developed more ankle issues over the summer or his ankle never fully
healed. Byfuglien's lawyer had argued in arbitration that Byfuglien was not suspended because he
was injured, but because he did not report for training camp. Had he reported to training camp and
then told the Jets his ankle was bothering him, he would have been fine. The suspendable act was
not showing up. Byfuglien wanted to get paid, but the facts are he did not show up at camp and to
top it off, he got surgery on his ankle without telling the Jets.5. Was Dustin on strike or was it
implied repudiation or neither? Did the Jets lock him out in this dispute? (2 marks) 6. As the
arbitrator, make your decision and explain why? Give two specific legal reasons with details (4
marks)
