Hamilton-Wentworth District School Board v. Fair
Human Rights: Reinstatement After 14-Year Absence
Summary
This is a judicial review appeal concerning a human rights tribunal's order for reinstatement of an employee after a 14-year absence due to disability. The Court of Appeal for Ontario reviewed whether the tribunal's findings on the duty to accommodate and the remedy of reinstatement were reasonable under the Ontario Human Rights Code.
Outcome
judicial review dismissed
Award
Tribunal's order for reinstatement upheld
Key Factors
- duty to accommodate
- human rights
- reinstatement
- judicial review
- undue hardship
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