Employee dismissal cases are often fuelled by powerful emotions. The person who has been dismissed is hurt and angry, feeling betrayed and unfairly treated. The employer often feels quite justified in his or her actions, feels equally betrayed, and is defensive and angry about being sued.
Traditional litigation offers little opportunity to the employer and employee to address these feelings. What starts out as a request for an apology, a letter of reference and a nominal amount of money can escalate as the litigation and its cost escalates, missing opportunities for settlement that are fair, reasonable and affordable for all.