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execution of a release

Abuse of process to file human rights application after executing a full and final release

I recently read a case where a human rights claim was dismissed. After an employee had signed a full and final release with the employer and then filed a human rights application, the Ontario Human Rights Tribunal found that it amounted to an abuse of process. As the complaint covered the same subject matter as the release, the result was that the human rights claim was dismissed.


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Not all releases are created equal

A recent case from Ontario is cautioning employers to think twice before relying on a release from an employee to shield them from a future wrongful dismissal claim.


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