Shawna Kadykalo

The applicant filed a human rights application alleging discrimination on the basis of disability in his termination from employment.

The respondent requested early dismissal on the basis that the applicant had signed a full and final release in exchange for a termination compensation package.

The applicant argued he was not in the right frame of mind when he signed the release due to his medications.

The Tribunal found that the release clearly encompassed claims under the Code, the applicant had obtained legal advice before signing, and he provided no medical evidence to substantiate his claim of incapacity.

The Tribunal dismissed the application as an abuse of process.

The applicant union applied for certification.

Although the union had sufficient membership support for automatic certification, a group of employees filed a petition in opposition, and some employees subsequently filed revocations of their signatures on the petition.

The Board held an inquiry to determine whether the revocations were signed after the petition and represented the voluntary wishes of the employees.

Finding that the viva voce evidence failed to establish the sequence of signing, the Board directed a continuation of the hearing to inquire into the voluntariness of the original petition.

One Board member dissented, arguing the revocations should be accepted regardless of sequence.