The question of "can an employee “sign away” their human rights?" became relevant in a recent case. After signing a release with her employer, the Applicant filed an application with the Human Rights Tribunal of Ontario alleging discrimination with respect to employment because of sex contrary to the Human Rights Code.
Tribunal’s Rules of Procedure
Where the Human Rights Tribunal of Ontario finds there is a separate proceeding that may involve similar facts, the Tribunal has discretion to defer consideration of an application until the proceeding has been completed. Such was the question, whether or not to defer the application in the recent interim order in West v.Yogen Fruz Canada Inc.
When a respondent is first made aware that a Human Rights application has been filed against them, often their first response is to deny any accusations and to request a summary hearing in hopes of disposing of the matter at the outset. While such hearings may be requested, it does not always work to the advantage of the respondent. Such was the case in the recent Interim Decision of Lomotey v. Kitchener Waterloo Multicultural Centre.