Monday, May 27, 2013

How to limit employer liability when dismissing employees

     In my close to 20 years in litigating wrongful dismissal and human rights cases on behalf of employees I have come to the the conclusion that many of these cases could be avoided or resolved for a fraction of the post-litigation cost.  Litigation, like dismissal for cause, should be viewed by human resources professionals as a last resort.  In the ever increasingly competitive business world litigation is an inefficient manner of resolving  the vast majority of these disputes.  Here are a few points to keep in mind:

- Do not allege cause unless you have received sound legal advice;           

-  Do not assert acts amounting to crimes or breach of a human
rights statute unless you have conducted a fair and thorough
investigation in which the employee has had a meaningful
opportunity to participate;

- If litigation has commenced, do not hesitate to put in a reasonable
Rule 49 Offer to Settle promptly.  Pin-point the range of reasonable
notice and offer something a little over the lower end of the range.

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