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ARTICLE · 04 JUNE 2013

Human Rights Awards: A Cause For Employer Concern?

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Thus far, the spring of 2013 has seen a number of significant decisions on remedy issued by the Human Rights Tribunal of Ontario.

CanadaEmployment and HR
Kristin Taylor
Kristin Taylor
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Thus far, the spring of 2013 has seen a number of significant decisions on remedy issued by the Human Rights Tribunal of Ontario (“the Tribunal”). From the standpoint of employers, the question is whether they amount to a departure from the Tribunal’s jurisprudence.

The decision in Fair v. Hamilton-Wentworth District School Board  2013 HRTO 440, released in March 2013, involved an employer’s failure to accommodate disability-related needs. The applicant developed generalized anxiety disorder, a reaction to the highly stressful nature of her job, and was subsequently diagnosed with depression and post-traumatic stress disorder. At the time of the onset of her disability in October 2001, the applicant had more than 15 years of service and performed a supervisory position. Her eligibility for long-term disability (LTD) benefits ended in April 2004. Her employment terminated July 8, 2004. In February 2012, the Tribunal found the employer liable for failing to accommodate

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