In labour law, termination of employment agreements generally
give rise to a document called a "transaction and
release". This document stipulates that the employer and the
employee (and/or the union, if applicable) agree to put an end to
their dispute and to waive, by means of the release, all
possible recourse associated with various situations that arose
during the employment or with the end of employment itself.
A recent decision1 rendered by the
Administratif Labour Tribunal (hereinafter the
"court") reminds us of the importance of properly
drafting these settlement agreements so that the parties can
truly turn the page.
The facts
In January 2021, a daycare worker fell at work when a child
pulled out the chair she was about to sit on. The worker filed a
claim with the Commission des normes, de
l'équité, de la santé et de la
sécurité du travail (hereinafter the
"CNESST") to have this event recognized
as an employment injury. Her claim was rejected by the
