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settlement offer

By Devry Smith Frank LLP | 3 Minutes Read August 28, 2019

Failing to abide by confidentiality provisions in a settlement agreement can cost you your settlement payment

The recent decision of an arbitrator in the matter between Acadia University and Acadia University Faculty Association (Re Dr. Rick Mehta), 2019 CarswellOnt 8518 (Lab Arb) emphasizes the importance of abiding by a confidentiality provision in a settlement agreement.

Article by Devry Smith Frank LLP / Employee Relations, Employment Standards, Payroll, Privacy / confidentiality provisions, employee breached the confidentiality provision of a settlement agreement, employment law, settlement agreement, settlement offer

By McCarthy Tétrault LLP | 3 Minutes Read April 4, 2017

Reasonable settlement offer prevents litigious complainant from proceeding

A recent decision of the BC Human Rights Tribunal serves as a useful reminder of the utility of a reasonable settlement offer, which can result in the Tribunal putting an end to complaint proceedings without a hearing.

Article by McCarthy Tétrault LLP / Employee Relations, Human Rights, Union Relations / accommodation, accommodation of disability, Disability, discrimination based on disability, employment law, human rights code, Human rights complaint, human rights tribunal, reasonable settlement offer, Sebastian v. Vancouver Coastal Health and others (No. 3), settlement offer

By Alison J. Bird | 2 Minutes Read November 12, 2012

Is an employee’s resfusal to accept a settlement offer a failure to mitigate?

In AMEC Americas Limited v. MacWilliams, 2012 NBCA 46, the New Brunswick Court of Appeal held that an employer's defence that an employee failed to mitigate his damages by refusing to accept its settlement offers had no merit. As leave to appeal the decision was recently refused by the Supreme Court of Canada, the current answer to our question (at least in New Brunswick) is "no".

Article by Alison J. Bird / Employee Relations, Employment Standards / common law notice, damages, denial of liability, disputes and litigation, employee's legal entitlement, failure to mitigate, full and final release, New Brunswick, obilgation to pay damages, reasonable notice, settlement offer, Supreme Court of Canada, wrongful dismissal

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