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:
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.
- 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 thoroughinvestigation 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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