I predict a recent Ontario Court of Appeal decision will have a significant impact on human rights litigation. In particular, I suspect disabled employees will start asking employers to find or create alternative positions for them if they cannot perform their job duties because of a disability, and terminated employees will start asking adjudicators to reinstate them with full back pay.
Human Rights Tribunals across the country have been issuing damage awards which have raised the eyebrows of the employer community. In a number of recent cases, employees have been awarded record setting damages. In many of these cases, these damages have greatly exceeded what a Court would be prepared to award in a wrongful dismissal cases.
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