The Ontario Human Rights Code does not explicitly
prevent an applicant from bringing an application against his/her
employer after having executed a full and final release. However,
the Human Rights Tribunal of Ontario may consider whether allowing
such an application to continue would amount to an abuse of
process.
Section 45.1 of the Code gives the Tribunal the
authority to dismiss an application, in whole or in part, "if
the Tribunal is of the opinion that another proceeding has
appropriately dealt with the substance of the
application".
The free and voluntary execution of a full and final release has
been interpreted by the Tribunal to be "another
proceeding" that appropriately deals with the substance of a
human rights application against a former employer. Many full and
final releases will include a clause seeking to preclude the
employee who signs the release from bringing a claim against
his/her former employer that stems from the employment
relationship,
