Termination a mutual agreement, not reprisal for harassment complaints

Worker had altercations with 2 different supervisors in short time with company; complained of harassment and agreed to payout
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 09/27/2017

A worker’s brief tenure with an Ontario company came to an end due to a mutual agreement to terminate the employment relationship and wasn’t a reprisal to the worker’s harassment complaints, the Ontario Labour Relations Board has ruled.

Neil Smith began employment with FIO Automotive, a manufacturer of welded automotive parts for Toyota plants in Stratford, Ont., on Jan. 16, 2017. Smith’s employment was under a one-year fixed-term employment contract expiring on Jan. 16, 2018. As part of the contract, Smith agreed to provide assistance to support production activities whenever needed and abide by a daily excess hours agreement. The excess hours agreement allowed FIO to assign Smith overtime beyond his normal 40 hours per week.

The employment contract also contained a termination provision that allowed FIO to terminate Smith’s employment “at any time and for any reason” as long as the company provided him with notice of termination or pay in lieu of notice as required by the Ontario Employment Standards Act, 2000.