Smartsettle Case Studies

Case Study: New Hire Salary Negotiation 


The Salary Issue
A new employee was being welcomed into the organization, and all aspects of their employment had been settled, with the exception of their total salary. Both the Nation and the Employee were looking forward to working together, and it was important to them to work collaboratively towards a salary that they could both agree on. 


Smartsettle is Requested
The organization had used Smartsettle to negotiate salary decisions with success before and asked that the employee engage with a Facilitator to help reach a decision quickly. 


Smartsettle Orientation
The employee familiarized themselves with the Smartsettle process, watched an orientation video, participated in a practice negotiation, and was happy to engage.


Reaching an Agreement
The organization pre-set their preferences within Smartsettle, and the Employee was able to open their online negotiation, make their bids, and finalize their salary within a few minutes.


Benefits of Using Smartsettle
The Employee and the Employer wanted a quick and collaborative solution and were able to use Smartsettle to find that solution easily.

Case Study: Employee Dismissal Settlement 

 

The Termination 
A First Nation employee was terminated from their position within the community, where they had worked for almost ten years. The employee requested reinstatement, but the community was not willing to change their mind. The community offered a financial settlement to the employee. 

 

Labour Canada gets Involved 
Four months after the termination, the employee filed a wrongful dismissal complaint with Labour Canada. Labour Canada assigned a mediator to assist with resolving the case. Each party was advised to obtain legal advice to assist them in making a decision.

 

A Two Year Timeline
Over the course of an additional four months, both sides, under the guidance of the mediator, made financial settlement proposals. These proposals were not acceptable to the other side, and neither party was willing to compromise. The case had now been active for eight months, and Labour Canada estimated that the case might take another two years for a decision to be made by a review board.

The Nation learned of the opportunity to involve Smartsettle and requested their help to resolve the situation. 


Smartsettle Shortens the Timeline
The collaborative process that Smartsettle guides parties through helps them take control of their negotiation and shines a light on the path to agreement.

 

The Smartsettle facilitator listened to both the employer and the employee to understand their stories, and to understand what the possible outcomes were for the situation. She explained the Smartsettle process to them, helped them build their draft agreement, and then to negotiate a successful, collaborative outcome.  This process took about a week, to meet with both parties, provide an orientation to each party, and use Smartsettle ONE to come to a negotiated agreement.

 

Benefits of Using Smartsettle
Both parties were satisfied with the outcome that they agreed upon and realized that the time and financial savings of using Smartsettle were significant. Each party saved over a year of time working on the case, along with significant legal costs.

 

Both parties were happy to be able to settle this case and move into the future. 

2020 Naut'sa mawt Tribal Council