Human rights legislation and releases

By Peter Israel
|Canadian Employment Law Today

Question:

An employee whose employment was terminated brought an action against our company for wrongful dismissal. The claim was settled and as part of the settlement the employee signed a full and final release in favour of the company. The release included any and all claims related to the employee’s employment or the termination of that employment, including any claims brought under human rights legislation. The employee has now made a complaint against the company under the Ontario Human Rights Code. Will the Human Rights Commission still consider the complaint notwithstanding the release which the employee signed?

Answer: