Unjust dismissal complaints under the Canada Labour Code are unique. Although they involve some of the familiar trappings of labour arbitrations and court cases, the preliminary issues involved, process followed, and potential outcomes are different. It is crucial for in-house counsel to know how unjust dismissal complaints work in practice in order to develop the best strategy for defending against them. This session will provide in-house counsel with an in-depth view of the legal, practical, and strategic considerations in unjust dismissal complaints.
- Process and Strategy
As a starting point, it is essential to understand how to prepare your written response to an unjust dismissal complaint. How much factual information do you include? Do you have any preliminary objections? What do you do if you know you don’t have cause for dismissal? We will explore both the legal and practical issues involved in responding to unjust dismissal complaints.
- Overlapping Forums
You receive an unjust dismissal complaint. Next you receive a Statement of Claim. Then you receive a Canadian Human Rights Commission complaint. What do you do? This session will discuss the options you have to streamline the legal disputes plaintiff counsel are throwing at you.
Adjudicators under the Canada Labour Code have extensive remedial powers to make the individual whole. From reinstatement to paying for retraining to legal costs, it is important to know what the potential outcomes are in order to determine how to proceed. We will review the diverse remedies that adjudicators have awarded and will also talk about some novel remedies that applicant counsel have requested.
Individuals filing unjust dismissal complaints may be represented by counsel; however, many choose to represent themselves. When dealing with an unrepresented claimant, in-house counsel must be mindful of the professional obligations regarding Avoiding Conflict of Interest – Unrepresented Persons. In dealing with unjust dismissal complaints, you should also be aware of the requirements of Quality of Service – Encouraging Compromise or Settlement, which provides an expectation to encourage clients to settle or compromise where possible to do so on a reasonable basis. We will discuss and explore these professionalism issues in the context of unjust dismissals complaints.
This program has been accredited by the Law Society for 0.5 Professionalism Hour