Reinstatement is obviously a very powerful remedy. Apart from the order itself, the request for the order will more readily support a lost income claim to the date of hearing and also, arguably, may be used to buttress a plea for a prospective income loss beyond the date of hearing when the reinstatement order has been denied.

The analysis below looks at the differing approaches taken by human rights jurisdictions in Canada. Generally speaking, the remedy is seen as discretionary, unlike the approach taken in arbitral jurisprudence. Canada appears to be the most welcoming to this remedy.