A recent Alberta Court of Queen’s Bench decision confirmed an employee’s obligation to prove an employer knew (or ought to have known) about his or her disability in order to establish discriminatory treatment.
Also favourable to employers, the decision emphasizes the obligation of an employee seeking accommodation to provide sufficient detail about his or her disability to allow accommodation to be achieved.
The grievor was hired by Telus Communications Inc. as a call center agent. Prior to the end of his probationary period, Telus terminated the grievor after determining he was unsuitable for the position. A grievance was subsequently filed. The grievance alleged that the grievor was terminated as a result of his disability, his termination was discriminatory, and Telus had a duty to accommodate the grievor to the point of undue hardship.