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The firing last summer of Thomas Harding, the train engineer involved Lac-Mégantic rail disaster, was illegal and he is entitled to financial compensation, an arbitrator has ruled.

Harding was acquitted in January 2018 of a charge of criminal negligence causing death in connection with the 2013 rail disaster that left 47 people dead and demolished part of Lac-Mégantic’s downtown.

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After the acquittal, Harding was to return to work for the Central Main & Quebec Railway, which had bought out the shares of Montreal Maine & Atlantic, owner of the railway when the disaster happened. He had been on sick leave but was supposed to begin a gradual return to work beginning July 5, 2018. However, on June 27, Harding received a letter of dismissal citing his role in the Lac-Mégantic disaster and contending the “link of trust has been broken.”

Harding’s FTQ-affiliated union filed a grievance, arguing that the employer had not conducted any investigation into the situation, a condition required by the collective agreement.

On Jan. 17, that grievance was upheld by arbitrator Graham Clarke, who ruled that Harding’s dismissal without any prior investigation made the firing illegal.

The union had sought that Harding be reinstated in his job but the arbitrator found that, given the circumstances, financial compensation to Harding would be preferable.