Ben Aberant

The applicant filed a human rights application alleging discrimination in employment on the basis of race, place of origin, and ethnic origin following his termination.

The respondent requested dismissal of the application because the applicant had signed a full and final release in exchange for a severance package.

The applicant argued he signed the release under economic duress and without adequate legal advice.

The Tribunal applied the Pritchard factors and found that the applicant understood the release, received sufficient consideration, and was not subjected to illegitimate pressure amounting to coercion of his will.

The Tribunal concluded that allowing the application to proceed would be an abuse of process and dismissed the application.

The applicant alleged discrimination in employment on the basis of family status after his offer of employment was revoked following his request for parental leave.

Prior to the hearing, the applicant filed a Request for Order During Proceedings to amend his Application to include additional remedies and an allegation that the respondent failed to investigate his complaint.

The respondent opposed the amendment, arguing it was untimely and raised a new cause of action.

The Tribunal granted the request to amend, noting that the original Application already contained the factual allegation that no investigation was conducted, and that any prejudice to the respondent was mitigated by the fact that the hearing had already been adjourned for unrelated reasons.