Morrie Zucker

The applicant filed a human rights application alleging discrimination in employment after her termination.

The respondents requested early dismissal on the basis that the applicant had signed a full and final release.

The applicant argued she signed the release under economic duress because she needed her record of employment to access employment insurance.

The Tribunal found that while withholding the record of employment constituted illegitimate pressure, the applicant failed to establish coercion of the will, noting she had successfully renegotiated her severance package without raising the record of employment issue.

The Tribunal concluded the release was binding and dismissed the application as an abuse of process.

The applicant filed an application alleging age discrimination following her termination during a company-wide restructuring.

The respondent requested early dismissal because the applicant had signed a full and final release in exchange for a lump sum payment.

The Tribunal applied the Pritchard factors and found no evidence of duress, lack of capacity, or unconscionability that would justify setting aside the release.

The application was dismissed as an abuse of process.

The complainant, an occupational therapist with multiple sclerosis, was denied vacation leave and subsequently terminated after she took the leave despite the denial.

The hospital cited her extensive absenteeism due to her disability and pregnancy-related illness as reasons for denying the leave.

The Board of Inquiry found that the complainant's disability was a factor in the decision to deny her vacation leave, which constituted discrimination under the Ontario Human Rights Code.

The Board rejected the application of the labour relations 'work now, grieve later' rule in the human rights context.

The hospital was ordered to pay compensation for lost wages and general damages, and to amend the complainant's personnel file.