In Lambert v Canadian Natural Resources Limited, 2024 AHRC 105, the complainant appealed the Tribunal’s decision to dismiss a complaint for failure to accept a fair and reasonable settlement offer.
The complainant alleged discrimination based on mental and physical disability, pursuant to section 7 of the Alberta Human Rights Act, RSA 2000 (the “Act”). The respondents proposed the following settlement offer:
- $25,000 in general damages for injury to dignity; and
- $27,000 less statutory deductions, representing 14 weeks of pay.
In the end, the Tribunal upheld the respondents’ offer noting that the offer does not need to include all possible remedies or be at the top of the remedy range. In this, reasonableness is fact-dependent and is not determined based on whether the complainant would have a reasonable prospect of success at the Tribunal. Rather, the Tribunal considers whether, given the allegations and information to support those allegations, the proposed settlement was fair and reasonable.
This decision reminds practitioners of the importance of considering reasonable offers and encouraging settlement, when possible, to save time and resources. For a more thorough review of the Tribunal’s reasoning in Lambert v Canadian Natural Resources Limited, read the complete decision here.
