In recent years, there have been many decisions on the enforceability and interpretation of termination clauses in employment contracts—which employers and their legal counsel read with both interest and apprehension. The Nova Scotia Supreme Court has now weighed in on the debate.
This year, a Nova Scotia Human Rights Board of Inquiry issued a highly publicized decision on racial profiling. In the case, the Board concluded that a woman had been discriminated against on the basis of her race and/or colour when wrongfully accused of shoplifting at a grocery store. In the wake of this case and research, the Nova Scotia Human Rights Commission has recently announced plans to take preventative measures to tackle this serious issue.
Under the Nova Scotia Human Rights framework, a Board of Inquiry must approve any settlement reached after a complaint is referred to a hearing before the Board. Recently, in Nova Scotia (Human Rights Commission) v Grant, 2016 NSCA 37, a Board of Inquiry refused to approve a settlement. The Board concluded that it could not approve a settlement unless the respondent admitted discrimination. As the respondent in this matter had not made such an admission, the Board refused to grant the necessary approval—barring a settlement that the parties were willing to accept.