While the Human Rights Tribunal of Ontario (HRTO) possesses the legal authority to order an employer to give you your job back (reinstatement), it is an incredibly rare remedy. In reality, unless you belong to a union, returning to a “poisoned” work environment is highly unfeasible, and the HRTO almost always awards financial compensation instead.
Losing your livelihood because of racial bias, a sudden disability, or taking a maternity leave is a devastating blow. For many workers in London, Brampton, and Toronto, the immediate instinct is to fight to get their exact position back. The desire to clear your name, return to your colleagues, and prove that the discriminatory termination was unjust is a powerful motivator. Under the Ontario Human Rights Code, the HRTO has sweeping remedial powers, and theoretically, putting you back in your old chair is one of them. 💼
However, theory and practice in employment law are vastly different. Generally, forcing an employer to rehire someone they wrongfully fired is like forcing a divorced couple to move back in together. The relationship of trust is fundamentally broken. While reinstatement is a standard and common remedy in unionized environments through grievance arbitration, it is practically a unicorn in non-unionized HRTO cases. If you are pursuing a human rights claim, your lawyer will almost certainly steer you toward seeking aggressive financial damages rather than an awkward and hostile return to the office. 📈
Step-by-Step Process: Seeking Reinstatement at the HRTO
If you are determined to ask for your job back, you must make it a core part of your legal strategy from day one. Here is how the process of seeking reinstatement plays out in Ontario.
Step 1: Filing the Form 1 Application
The journey begins by filing a Form 1 with the HRTO. In the specific section asking what remedies you are seeking, you must explicitly check the box requesting “Reinstatement to employment.” You must also ask for lost wages from the date of termination until the date of reinstatement. 📝
Step 2: Proving the Discriminatory Termination
Before any remedies are discussed, you must win the case. You and your lawyer must prove, using emails, witness testimonies, and performance reviews, that a protected Code ground (like age, race, sex, or disability) was at least a partial factor in the company’s decision to fire you. 🔍
Step 3: Evaluating the “Poisoned Environment”
If you win, the adjudicator must decide if reinstatement is viable. The tribunal will look at the size of the company. If it is a massive corporation in Mississauga and you can be placed in a completely different department away from the discriminatory manager, it might be possible. However, if it is a small, 10-person family business, the HRTO will declare the environment “poisoned” and refuse reinstatement. ⚠️
Step 4: Navigating Mediation Offers
Well before a final hearing, you will attend mediation. This is where reality sets in. The employer will almost never agree to take you back voluntarily. Instead, they will offer a lump-sum financial settlement in exchange for you signing a release and walking away forever. Most employees accept the cash rather than endure years of litigation for a job they no longer want. 💰
Step 5: The Final HRTO Order
If the case goes to a full hearing, the Vice-Chair makes a binding order. If reinstatement is denied due to a hostile environment, the HRTO will order the employer to pay you compensation for “loss of employment” and “injury to dignity, feelings, and self-respect” to make you economically whole. ⏱️
Financial Remedies vs. Reinstatement in Ontario
Since getting your job back is rare, it is crucial to understand the financial alternatives the HRTO provides. As of May 2026, here is what applicants typically seek:
| Remedy Type | Likelihood of Success | Details / Average Amounts in CAD |
|---|---|---|
| Reinstatement | Extremely Rare (<1% of cases) | Ordered only in large organizations where the applicant and abuser will never interact. |
| Injury to Dignity | Very High (If discrimination is proven) | General damages ranging from $15,000 to $40,000+, completely tax-free. |
| Lost Wages | High | Back pay for the time you were unemployed. This portion is heavily taxed by the CRA. |
| Public Interest Remedies | Moderate | Forcing the company to hire an external HR firm or mandate anti-racism training for all staff. |
How Long Does the Process Take?
The timeline is the biggest enemy of reinstatement. Because the HRTO is heavily backlogged, securing a final hearing and a decision takes an average of 2 to 4 years. By the time an adjudicator is ready to order your employer to give you your job back, you will likely have found a new career elsewhere, rendering the request for reinstatement completely moot. ⌛️
Frequently Asked Questions (FAQ)
Why is reinstatement common in unions but not at the HRTO?
Unionized employees have Collective Agreements that strongly protect job security, and labour arbitrators frequently reinstate fired workers. In non-unionized environments governed by the HRTO, the relationship is based on a delicate common-law contract of trust, which is permanently broken once litigation begins.
What if my employer refuses an HRTO reinstatement order?
HRTO decisions are legally binding. If an employer defies a direct order from the tribunal, your lawyer can file the HRTO order with the Ontario Superior Court of Justice, which converts it into a court order. Defying the court can result in severe contempt charges against the company.
Should I pretend I want my job back just to get a bigger settlement?
It is a common negotiation tactic. By aggressively requesting reinstatement on your initial Form 1, you create immense anxiety for the employer, as they do not want you back in the building. They will often offer a higher financial settlement during mediation just to make you go away.
If I ask for reinstatement, do I still have to look for other work?
Yes, absolutely. Under Ontario law, you have a strict “duty to mitigate” your financial losses. Even if you want your old job back, you must actively apply for new jobs and keep a written log of your job search. If you sit at home waiting for the HRTO, your lost wages award will be drastically reduced.
Leave a Reply