Settlement constituted full resolve of all matters; employer claimed abuse of process

A worker’s discrimination complaint after her union reached a settlement agreement for a termination grievance is an abuse of process, the Ontario Human Rights Tribunal has ruled.

The worker was employed with General Motors of Canada (GMC) at one of its facilities in Ontario since 1988. GMC terminated her employment on May 31, 2018.

Following the worker’s termination, the union filed a grievance on her behalf. They went through the grievance process and the union entered into a settlement with GMC.

Under the settlement, the union agreed that the worker would apply to retire from GMC effective Aug. 1, 2018, and GMC would reinstate her to “layoff” status for the sole purpose of accruing pension service credits to Aug. 1, during which time the company would top up supplemental unemployment benefits. That would give her 30 years of service and allow for the company’s “30 and out” pension.

The worker would also remain eligible for post-retirement benefits.

Settlement agreement

The settlement stated that it constituted “a full and final resolve of all matters” relating to the grievance and the union agreed to withdraw the grievance. The settlement also stipulated that GMC and its officers and employees were “released and forever discharged from any and all actions, causes of action, claims, demands and proceedings of whatever kind for damages, indemnity, costs, compensation or any other...

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