hri_Admin Staff asked 4 years ago

Good afternoon, 
In a case where a worker was dismissed while on a stress leave, a dismissal that was disguised as gross misconduct, who then filed suit with the Commission des Normes du Travail which resulted in a signed release between the parties; would that worker have any further recourse with the Human Rights Tribunal? 
 
Much obliged,

1 Answers
Glenn Demby Staff answered 4 years ago

It depends on what the release agreement says and whether it’s enforceable.
WORDING: The first thing to consider are the rights the worker gave up under the release. Specifically, did the release cover only the Commission des Normes du Travail action or to other claims and rights? If as is typically the case, the release covers all matters relating to the employment, the employee’s human rights action is a clear violation.
ENFORCEABILITY: You’re still not out of the woods even if the action does violate the release. The employee can still claim that the release is unenforceable. To defeat that argument, you’d have to show that:
> The release is clearly worded and understandable to the employee
> The employee received consideration, i.e., something of value, for signing it;
> The employee wasn’t coerced or tricked into signing it; and
> The employee got the opportunity to have a lawyer review the release.
Hope that helps. Glenn