Motion to dismiss denied; signed release does not bar human rights claim where accommodation request ignored.
The respondent employer brought a preliminary motion to dismiss a human rights application as an abuse of process, arguing the applicant had signed a full and final release upon termination.
The applicant, who has bipolar affective disorder, argued the release was signed under duress and without legal capacity.
The Tribunal found no duress and concluded the applicant had the legal capacity to sign the release.
However, the Tribunal dismissed the motion to dismiss because the employer ignored a letter from the applicant's psychiatrist requesting accommodation sent shortly after the termination, and because there were unresolved questions regarding the employer's knowledge of the disability and whether the release violated the Employment Standards Act by excluding disability benefits during the statutory notice period.
Walkinshaw v. Complex Services Inc., 2010 HRTO 2318
