The NDA couldn't last when harassment complaints kept piling up
An Ontario court ruled on April 10, 2026, that a former head of Human Resources bound by a non-disclosure agreement may be examined for discovery in a wrongful dismissal lawsuit, after Associate Justice Jolley found that the employer was constructively refusing to make relevant information available. The decision, Kachra v. OPSEU Pension Trust 2026 ONSC 2092, centres on how an organization handled, or did not handle, a pattern of workplace misconduct allegations spanning years.
Aly Kachra worked as Director of Investment Risk at OPSEU Pension Trust from April 2017 until his dismissal on January 9, 2020. He alleged that his direct manager, Mr. Hudacin, berated him, retaliated against him, caused dysfunction in the team, and interfered with his ability to properly manage risk. He complained to the defendant's HR business partner on multiple occasions about the harassment he was subjected to. He also complained directly to Hudacin when Hudacin allegedly arbitrarily reduced his bonus as a form of reprisal for his complaints.
Kachra further contacted Reg Swamy, then Chief Pension Officer and Head of Human Resources, about his harassment concerns. The plaintiff alleges that Swamy promised to raise the issue, but no apparent steps were taken. In response to his complaints, Kachra was told to look for new employment, a response that shocked and confused him, especially given his understanding that Hudacin had a...
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