Kathryn Meehan Quoted by Financial Post on Human Rights Tribunal of Ontario Reinstatement Order
Kathryn Meehan weas quoted on June 14, 2016 in the Financial Post on the case involving the Hamilton-Wentworth District School Board’s failure to accommodate the disabilities of Sharon Fair. The Divisional Court and the Ontario Court of Appeal has upheld a Human Rights Tribunal of Ontario order that reinstated Fair twelve years after she was fired, along with back wages of $450,000. The order of reinstatement has garnered attention among employment lawyers because previously there are limited circumstances where the tribunal has utilized its reinstatement powers. Jeff is quoted saying, “In most cases, the employment relationship is too damaged by the discharge and the litigation for reinstatement to be a realistic option. This is because the employment relationship will no longer be viable due to animosity and lack of trust between the parties or with co-workers, and reinstatement raises the possibility of creating a poisoned working environment.” The article also quotes Kathryn via a recent FTR Now “Appellate Court Upholds Significant Remedy Decision of the Human Rights Tribunal of Ontario.” She explains that, “Employers should be diligent and thorough when considering whether there is the ability to provide modified or alternate positions for employees with medical restrictions and cognizant that an adjudicator may review such efforts.”