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 anything differently?