Question

Wrongful Dismissal

Karen Walters was employed as a Human Resources Coordinator for Fraserway RV. She was injured on the job and retur

ned to work on a graduated basis. On the day before her gradual return to work was completed, Fraserway terminated

her employment.

Ms. Walters says that, in doing so, Fraserway discriminated against her based on a disability, violating s. 13 of the Huma

n Rights Code (Code). Fraserway denies that Ms. Walters had a disability, or that her injury played any role in her termi

nation. Rather, it says that Ms. Walters was terminated for poor performance.

In any event, it says that Ms. Walters is bound by the release which she signed during her termination meeting. That rel

ease precludes her from bringing this human rights complaint. Fraserway asks the Human Rights Tribunal (Tribunal] to

dismiss Ms. Walters' complaint on the bases that it would not further the purposes of the Code to proceed in the face o

fa binding settlement agreement, it has no reasonable prospect of success, and it was filed for improper motives or in

bad faith: Code, s. 27(1)(c), (d)(ii) and (e).

What did the employee do wrong?

As an employer would you do anything differently?

Answer 1

The employee Karen Walters went wrong by signing the release during the termination meeting which prevents her now from bringing the human rights complaint of dscrimination faced on basis of disability, violating humsn rights code. This signed release made Fraserway to declare that the complaint filed by Walters would serve nmno purpose in the basis of settlement agreement she is bound under. This way Karen waived her right to bring complaint against human rights.

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As an employer I at the very first place would have not terminated Karen for her disability which too has taken place on the job. I would have rather placed her at such a position where she would get the ease of doing work without letting her injury interfere with her task. Moreover if walters would have really been made subject to termination on the basis of poor performance I would have used better dismissal approach that would have been different from that used by Fraserway.

I would have based her termination with reasonable and rational reports declaring and reflecting her poor performance rather than using release agreement to bounder Miss Walters through making her sign the agreement which will bound her from claiming human rights which I consider is unethical means of dismissal.

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