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Reinstatement as a remedy

By Doug MacLeod, MacLeod Law Firm | 3 Minutes Read June 7, 2016

Ontario Court of Appeal upholds decision to reinstate disabled employee with 10 years back pay: Will human rights litigation ever be the same again?

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.

Article by Doug MacLeod, MacLeod Law Firm / Accessibility Standards, Employee Relations, Employment Standards, Human Rights, Payroll / back pay, back pay award, disabled employee, duty to accommodate, employee with a disability, employment law, employment relationship, human rights litigation, Ontario Court of Appeal, Ontario Human Rights Code, Ontario Human Rights Tribunal, reinstatement, Reinstatement as a remedy, undue hardship

By McCarthy Tétrault LLP | 3 Minutes Read November 4, 2014

Ontario Divisional Court upholds a worst-case scenario decision from the Human Rights Tribunal

Last year, we reported on the notable Human Rights Tribunal decision of Fair v. Hamilton-Wentworth District School Board where the Tribunal ordered the reinstatement, along with over $400,000 in back pay and damages, to an employee despite the employee having been away from the workplace for almost a decade.

Article by McCarthy Tétrault LLP / Employee Relations, Employment Standards, Human Rights, Payroll, Union Relations / back pay and damages, disability leave, discrimination, duty to accommodate, employment law, failed to properly accommodate an employee, Fair v. Hamilton-Wentworth District School Board, human rights tribunal, judicial review, monetary award uncharacteristically high, reinstatement, Reinstatement as a remedy, termination, to the point of undue hardship

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