Discrimination

In Zupcic v Saputo, 2022 AHRC 13, termination of employment was not discriminatory where a disabled employee did not do her part in accommodation.

An employee signed a release which was arguably problematic, but he was still prevented from bringing an Alberta human rights discrimination complaint.

In Cliff v HMQ Alberta, an employer was not required to have inquired about a mental disability prior to seeking performance improvement.

Horrocks (2021 SCC 42) deals with concurrent jurisdiction of labour arbitrators and human rights commissions for human rights matters in unionized settings.

In Smorhay v Goodfellow, the employer terminated employment due to absenteeism, but those absences had been related to human rights grounds.

In Turnbull, an Alberta employer fired an employee instead of accommodating them. They did not know she was pregnant, but it was still discriminatory.

A disabled employee was dismissed due to budget cuts, but the CHRT found that the dismissal was also discriminatory and awarded her damages.

A female employee was who sexually harassed at a construction site was awarded $20,000 in general damages for pain and suffering.

A pipefitter with a shoulder injury was harassed at work and then fired. He was awarded $25k in general damages plus lost wages.

The Court upheld the Alberta Human Rights decision that Webber Academy failed to accommodate the religious requirements of some Muslim students.

ABCA says employee making choice of childcare is irrelevant to whether employer’s new schedule is prima facie discriminatory to that employee.