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ARTICLE · 10 OCTOBER 2006

Please Release Me - The OHRC´S Guide To Releases

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The Guide is intended to set out clear guidelines as to when a signed release entered into at the time of termination of an employee’s employment will cause the OHRC to choose not to deal with a subsequent human rights complaint following an apparent settlement. Section 34(1)(b) of the Ontario Human Rights Code gives the OHRC the discretion not to deal with a complaint "made in bad faith".

CanadaEmployment and HR
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I know I am dating myself, but for me the word "release" conjures up that old George Dorsey (a.k.a. Engelbert Humperdinck) chestnut, Please Release Me, which topped the pop charts in the early 70’s. Of course, employers have asked dismissed employees to do just that since the law of master and servant began. The trouble for many employers is that they have been using the same approach to a without cause dismissal and a release of claims since Please Release Me first came out. Given the Guide to Releases with Respect to Human Rights Complaints recently issued by the Ontario Human Rights Commission (OHRC), it is time for this approach to undergo a major overhaul.

The Guide is intended to set out clear guidelines as to when a signed release entered into at the time of termination of an employee’s employment will cause the OHRC to choose not to deal with a subsequent human rights complaint following an apparent settlement. Section 34(1)(b) of the Ontario Human Rights Code (the "Code")

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