The applicant filed a human rights application alleging discrimination in employment.
The respondent brought a preliminary request to dismiss the application as an abuse of process, relying on a Memorandum of Understanding containing a release signed by the applicant in exchange for $2,000.
The applicant argued the release was void because the payment did not meet the statutory requirements of the Employment Standards Act, 2000.
The Tribunal found the release was clear, drafted by the applicant, and intended to settle all employment-related matters.
Applying the Pritchard factors, the Tribunal concluded there was no duress and the applicant understood the consequences.
The application was dismissed as an abuse of process.
