HRTO Orders Reinstatement of Employee Who Was Terminated Almost a Decade Earlier
Date: April 3, 2013
In a sweeping remedial decision, the Human Rights Tribunal of Ontario ordered reinstatement of a non-union employee who was terminated from her employment almost a decade earlier, as well as other remedies such as payment of back wages, as adjusted.
In so ordering, the Tribunal explicitly stated that where an employer fails in its duty to accommodate, it should be alive to the possibility that reinstatement could result, regardless of the number of years that have elapsed. This decision is yet another reminder that employers must be alert to their obligations under the Human Rights Code, and, where obligated, take all necessary steps to accommodate an employee who requires such accommodation.
For a discussion on this decision, see our Case in Point blog post, “HRTO Renders Significant Remedies Decision.”