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Advantages either side may have in employment litigation

In any employment dispute between an employer and an employee, the outcome is never predetermined. It is possible that either side could secure a ruling in its favour. That said, there are various reasons that at various points one side might be more likely to succeed than the other.

In general, employees are favoured by the employment laws in place in Canada. This is in large part due to the fact that the Supreme Court of Canada has ruled multiple times that ambiguities and inequities that exist in the workplace should be interpreted in favour of employees. In addition, employees are entitled to sue when major changes to employment occur and it is hard for an employer to prove cause for discharge. When someone is deemed to have been wrongfully dismissed, the damages are usually quite generous.

Employers do have an advantage in one respect. To be successful, a former employee must commit to the process. This can be expensive and scary for an individual who just lost a job. It can also be emotional as the employee may take whatever happened personally. The employer on the other hand, can continue to operate relatively unscathed as a disagreement with a former employee wages on.

The bottom line is there is a psychological element to employment matters that should not be ignored. Lawyers on both sides should recognize the role it plays generally as well as in the specific instance in front of them. Doing so could make a difference in the final resolution reached.

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