HRTO orders re-instatement, 9 years of lost wages and $30,000 in general damages

The Human Rights Tribunal of Ontario has ordered an employer to reinstate a 16-year employee who was terminated over 9 years ago from her role as Supervisor. In it’s decision on liability, the HRTO found that the employer had discriminated against the employee because of disability by failing to accomodate her disability related needs when she was cleared to return to work in April 2003. Ultimately, she was terminated in July 2004 and filed a complaint under the Ontario Human Rights Code.

In a remarkable decision, the HRTO has ordered that the employer must reinstate the employee, adjust her length of seniority and pay to her lost wages for the 9 years she was without work. In addition, the employer has to reinstate her lost years in the OMERS pension plan, pay the contributions they would have made over the 9 years, reimburse the employee for her out of pocket medical and dental expenses and calculate and pay any tax consequences arising from the various payments. Finally the HRTO determined that the applicant was entitled to a $30,000 award for the injury to her dignity, feelings and self-respect.

This award (Hamilton-Wentworth District School Board, 2013 HRTO 440) when interest is applied, will amount to close to $500,000. It should serve as a strong warning to all employers who consider glossing over their duty to accomodate employees upon return from disability-related absenses.

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