One of the most challenging hurdles to face at the start of a year is an adverse arbitration award. It is a high-stress scenario that often feels like a choice between two difficult paths; complying with a decision that feels wrong or embarking on a lengthy review process.
In our experience, the best way to handle that stress is to strip away the “legal jargon” and look at the business reality.
We recently sat down to discuss how to “de-risk” these moments. It isn’t always about the law on the page; it’s about identifying when a decision has simply lost touch with the facts.
In the video below, we share a specific example of a case where a manager was reinstated because the arbitrator became preoccupied with the colour of a handbag and the location of a shower rather than the actual evidence of sexual harassment. It’s a stark reminder that “unreasonable” outcomes happen – a clearly defined merit report will act as a guide in your decision-making whether to review the award.