Reinstatement – and 10 years of back pay (Legal View)

Ontario school board ordered to pay employee $419,000 in lost wages
By Jeffrey R. Smith
|Canadian HR Reporter|Last Updated: 05/06/2013

The Ontario Human Rights Tribunal has ordered an employer to reinstate a terminated employee after a finding of discrimination based on disability — one decade after the employee last worked.

Sharon Fair worked for the Hamilton-Wentworth District School Board beginning in 1988. In 1994, she became supervisor of regulated substances, asbestos, for the board. The job was highly stressful and Fair became afraid she would make a mistake about asbestos removal, causing her to be held personally liable for a breach of Ontario’s Occupational Health and Safety Act.

Fair’s fear progressively worsened and, by the fall of 2001, she developed a generalized anxiety disorder. She went on leave and received long-term disability benefits through the Ontario Teachers Pension Plan.