Termination a mutual agreement – not reprisal for harassment complaints

Ontario worker had altercations with leaders, claimed harassment – then took payout
By Jeffrey Smith
|Canadian HR Reporter|Last Updated: 10/02/2017
Auto Plant
Neil Smith worked at FIO Automotive in Stratford, Ont. Credit: Google Street View

A worker’s brief tenure with an Ontario company came to an end due to a mutual agreement to terminate the employment relationship, and wasn’t a reprisal for the worker’s harassment complaints, the Ontario Labour Relations Board has ruled.

Neil Smith began employment at FIO Automotive, a manufacturer of welded automotive parts for Toyota plants in Stratford, Ont., on Jan. 16, 2017. His employment was under a one-year, fixed-term employment contract expiring on Jan. 16, 2018.

As part of the contract, Smith agreed to provide assistance to support production activities whenever needed, and abide by a daily excess-hours agreement. The agreement allowed FIO to assign Smith overtime beyond his normal 40 hours per week.