What to do if a worker is reinstated

A reinstatement carries the power of a court order, but employers might have an out if they really don’t want the worker back
By Todd Humber
|Canadian HR Reporter|Last Updated: 01/17/2006

There’s no getting around it — reinstating a fired worker is going to be awkward.

“It’s a very difficult situation for everybody involved,” said Matthew Certosimo, a lawyer with Borden Ladner Gervais in Toronto. “It’s difficult for the manager who made that decision and has had it overturned by an arbitrator. It’s difficult for the co-workers, some of whom may have been witnesses at the arbitration. And, in fairness, it’s difficult for the worker.”

Living with a reinstatement