Avoiding a Successful Unfair Dismissal Claim
Court issued an order to show cause why case should not be dismissed for lack of jurisdiction.We responded and the Court agreed that summary dismissal was not appropriate.
Summary Dismissal Avoided — what it means and what to do next
When a tribunal declines to grant a summary dismissal (or a motion to dismiss on the papers), the case survives initial threshold review and proceeds to fuller adjudication. In practice, this is a meaningful procedural win: the judge found material factual disputes or unresolved legal questions that require testimony, documentary proof, or live adversarial testing. Therefore, preserve this momentum by organizing evidence and preparing a targeted merits strategy.
Why this matters
- The case remains alive for hearings, testimony, and evidentiary development.
- Avoiding summary dismissal preserves all available relief avenues and improves settlement leverage.
- The tribunal’s order identifies what issues are triable — use that roadmap to prioritize work.
Immediate checklist — what to do now
- Read the order carefully. Note exactly which claims or facts the court found triable.
- Map disputed issues. Convert the court’s reasoning into a prioritized evidence plan (witnesses, documents, experts).
- Assemble a focused merits packet. Prepare short, exhibit-indexed declarations, certified records, medical/psych reports, and country-condition evidence tied to each triable issue.
- Prepare live testimony. Draft direct-exam outlines, rehearse witnesses, and prepare for cross-examination vulnerabilities.
- Pursue targeted discovery where allowed (depositions, document requests) to shore up disputed facts.
- Preserve appellate issues. Document all procedural steps and agency contacts for possible appeals.