In
Dumitrache v. Glenlyon-Norfolk School Society, 2019
BCHRT 68 (“Dumitrache”), the
British Columbia Human Rights Tribunal dismissed a complaint
because the complainant had signed a release of claims, which
included a term that he would not commence any human rights
complaint against his former employer. This case is a good reminder
for employers to ensure that releases explicitly release the
employer from any claims under human rights legislation, and that
employees are given adequate time to consider the terms of a
release and get legal advice on its implications.
Background
When Glenlyon-Norfolk School Society
(“GNS”) terminated Mr.
Dumitrache’s employment, it offered him a gratuitous payment
of $7,000, which was conditional on him executing a release of
claims against GNS (the “Release”).
GNS gave Mr. Dumitrache two weeks to consider the offer. The
Release included the following term:
