Steven Gadbois

The applicant filed a human rights application alleging discrimination in employment on the basis of disability and age.

The respondent requested that the application be dismissed because the applicant had signed a full and final release upon his termination.

The applicant argued the release was void because the respondent breached the settlement agreement by failing to provide the final payment on time, and that he signed under economic duress.

The Tribunal found no evidence of economic duress amounting to coercion of will.

The Tribunal held that the failure to implement a term of the settlement does not permit a party to raise the underlying substantive issues at the Tribunal.

The application was dismissed as an abuse of process.

The applicants, both working foremen, applied to terminate the union's bargaining rights for two separate bargaining units (sheet metal workers and roofers) of the employer.

The Board found that the petition circulated by the applicant in the sheet metal unit was not voluntary, as his duties and involvement in seeking concessions would lead employees to reasonably perceive him as acting on behalf of management.

That application was dismissed.

However, the Board found the petition in the roofers' unit to be voluntary, as the applicant circulating it did not have similar duties or involvement.

The Board directed a representation vote for the roofers' unit.