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; ...