If a severance document indicates that the parties will not release information and Mount Royal is forced to do so under FOIP, can the previous employee sue?
NO, Section 91 protects Mount Royal or any person acting for Mount Royal from legal proceedings for damages resulting from any action taken in good faith under the Act. An agreement by the parties to a severance agreement not to discuss the agreement in public is not the same as a confidentiality agreement. Whether or not Mount Royal can be forced to disclose severance agreements is not yet clear and will likely depend on the degree to which such an agreement is discretionary on the part of the signatories.
Related Questions
- If a severance document indicates that the parties will not release information and Mount Royal is forced to do so under FOIP, can the previous employee sue?
- If a Metis settlement receives a FOIP request for the severance package given to an employee, does the information have to be released?
- What should the parties do if the Registrar refuses to register the document/s ?
