Human Rights Tribunal Powers: The 'Big Stick' Of Reinstatement

Unlike our court, the Ontario Human Rights Tribunal has the power to reinstate employees to their employment in appropriate cases. Normally, a reinstatement order will also be accompanied by some form of compensation award in respect of lost wages or "back pay". In the past, this powerful reinstatement remedy has only been very rarely ordered by the Tribunal. In a recent case, however, the Tribunal has demonstrated its readiness to award reinstatement and back pay, and in dramatic fashion.

In Fair v. Hamilton Wentworth District School Board1 , the Tribunal ordered not only that Sharon Fair be reinstated to her employment with the Hamilton Board, but that she also be compensated for the entire nine year period of her unemployment...