A worker must pay back what they received in a settlement of a sex discrimination complaint after posting too much information about the settlement on social media, the Ontario Human Rights Tribunal has ruled.
The decision is a good precedent for employers in showing that at such a settlement in a human rights complaint can stand up if the employee breaches confidentiality and other clauses, says Barry Fisher of Barry Fisher Arbitration and Mediation in Toronto.
“The existence of confidentiality and non-disparagement clauses are extremely common [in settlement agreements],” says Fisher. “If you found out that somebody was fired and received money you wouldn’t be surprised, but in this case, because of the sex discrimination, it was heightened.”
