Chris Bittle

The applicant, who has bipolar affective disorder, alleged discrimination in employment on the basis of disability after her employment was terminated for performance issues.

She signed a release upon termination but her psychiatrist subsequently requested accommodation.

The Tribunal found that the respondent did not know, and could not reasonably have been expected to know, of the applicant's disability prior to termination, as she had returned from medical leaves with no restrictions and made no request for accommodation.

The Tribunal further held that the release signed by the applicant barred any post-termination duty to accommodate.

The application was dismissed.

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.