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ARTICLE · 06 DECEMBER 2018

Employers, Time To Rethink Your Releases!

Borden Ladner Gervais LLP
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In the recent decision of Watson v. The Governing Council of the Salvation Army of Canada, 2018 ONSC 1066, the Ontario Superior Court had the opportunity to consider the enforceability of a standard employment release ...

CanadaEmployment and HR

In the recent decision of Watson v. The Governing Council of the Salvation Army of Canada, 2018 ONSC 1066, the Ontario Superior Court had the opportunity to consider the enforceability of a standard employment release in relation to allegations of sexual harassment.

The facts of the case are simple, however its implications are significant. Emma Watson was briefly employed as the manager of a Salvation Army thrift store. Following her termination, she executed a standard form employment release. The release stated, in part, that:

... The Employer and Employee having regard to their respective rights, duties and obligations, have determined that they wish to resolve any and all claims, complaints, actions, disputes etc. between them arising out of the employment relationship or the termination of that employment; ...

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