alt Hacker NewsThe answer is in the article. There needs to be a financial mechanism to deter nuance complaints. A small penalty for lodging a complaint and losing.
This fee should help pay for the courts and reimburse and employer for time spent defending itself.
(With the judge / magistrate able to wave the fee on compassionate grounds)
Replies
That deters honest complaints from poor plaintiffs. The Economist may approve, but justice shouldn't depend on the relative finances and/or power and status of the opposing parties.
Of course it does, often. But that's a pathology, not a feature to be proud of.
It's true that some complaints are irrational, vindictive, or vexatious, but the system seems quite good at identifying those already.
In Germany, the losing party pays 3x the court costs. The only issue is that everyone gets paid - the lawyer, the court etc. The only person that doesn’t get paid for their time investment is the person who is suing.
s/nuance/nuisance/
This is a thing, and in the context of the article too. In UK, if an employment tribunal finds you’ve wasted the tribunals time they can and do order costs paid for both the tribunal and other party. Odd they don’t mention it.