The Alberta Human Rights Commission recently upheld a Director’s decision to dismiss a former employee’s complaint as a result of the employee refusing to accept a fair and reasonable settlement offer.
Successful application to dismiss
The employer twice offered the complainant $80,000 to resolve the complaint. On both occasions the complainant refused to accept the offer. The employer then successfully applied pursuant to the provisions of the Alberta Human Rights Act to have the complaint against them dismissed.
The Commission agreed that the settlement offer of $80,000 was well within the range of possible outcomes and was fair and reasonable. The Commission stated that a reasonable settlement offer does not have to be the maximum that a complainant could receive.
Importance for employers
This decision is a reminder to employers that the Alberta Human Rights Act allows employers to apply to the Commission to dismiss a complaint where a reasonable settlement offer has been refused by the complainant.
Employers are encouraged to make fair and reasonable offers to resolve the dispute. If the complainant refuses to accept a fair and reasonable offer, employers may then apply to dismiss the complaint.
Employers faced with a human rights complaint should seek legal advice well in advance of a hearing. MLT Aikins Labour and Employment team has extensive experience advising on discrimination and human rights-related matters both prior to a complaint being filed and throughout the hearing process. To learn more about how this decision could impact you and your organization, contact a member of our team today.
Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.