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ARTICLE · 23 JULY 2014

A Well-Drafted Human Rights Release Is Valid And Enforceable: Alberta Human Rights Tribunal Upholds Employer's Release

In Marquardt v Strathcona County, 2014 AHRC 3, the Alberta Human Rights Commission considered the validity and enforceability of an employment release.

CanadaEmployment and HR

In Marquardt v Strathcona County, 2014 AHRC 3, the Alberta Human Rights Commission ("AHRC") considered the validity and enforceability of an employment release that was signed by a departing employee. Marquardt was employed as a bus driver prior to being involved in two motor vehicle accidents in 2011. Following these accidents, Marquardt took time off work to recover. She was deemed fit to resume work as of June 28, 2011 and returned to work on July 4. On July 11, she left her employment again for medical reasons. She was deemed fit to return to work by August 1, 2011 and returned to work on August 22. Eventually, Marquardt's employer decided to terminate her employment and presented her with a termination letter, severance payment and a release. Marquardt accepted the severance and signed the release. Subsequently in September of 2012, Marquardt filed a human rights complaint alleging that she had been discriminated against on the basis of a mental disability.

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