settlement offer

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

August 28, 2019 Devry Smith Frank LLP Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Privacy and Security, 0

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.

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Reasonable settlement offer prevents litigious complainant from proceeding

April 4, 2017 Employer Advisor, McCarthy Tétrault LLP HR Policies and Procedures, Human Resources, Human Rights, Union Relations

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.

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

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

November 12, 2012 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources

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”.

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