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Releases are usually the final word, so both employers and employees should make sure they're prepared to live with it
MOST do not question the enforceability of a signed release with respect to known claims at the time the release is signed. But what about "unanticipated" claims that are discovered after the release has been signed? Can those claims be pursued?
In Born v. Regis Corporation, the Ontario Human Rights Tribunal determined that the employee's application pursuing a new claim could not proceed due to the fact that the employee had previously signed a full and final release with respect to a wrongful dismissal claim, and allowing the application to proceed would be an abuse of process pursuant to the Statutory Powers Procedure Act.
Rosella Born, and her former employer, Regis Corporation, entered into a binding settlement at mediation to resolve wrongful dismissal claims Born had made. The terms of settlement included Born signing a full and final release that included her releasing Regis Corporation from all claims, including any pursuant to the Ontario Human Rights Code, that she "had, now had, or hereinafter may have" against the Regis Corporation. Born didn't realize at the time she signed the release that she was entitled to payment of employment expenses incurred during her employment...