Breach of confidentiality clauses

Non-disclosure clauses in human rights settlements: Understand them before you sign on the dotted line

May 28, 2014 Kevin Sambrano, Sambrano Legal Services HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll

At the Human Rights Tribunal of Ontario (the “Tribunal”), a settlement is sometimes reached without having to resort to a hearing. If so, parties will sign a “Minutes of Settlement” agreement, which will almost always contain a non-disclosure clause outlining what can be said, if anything, in regard to the settlement. In the event that a party breaches the non-disclosure agreement, they may find themselves returning to the Tribunal sooner than expected.

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The three most viewed articles on HRinfodesk this week deal with breach of confidentiality clauses in settlement agreements; how an employer was held liable despite the employee having suffered no discrimination; and how individuals can now delay receiving their Old Age Security pension plan.

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