Court Clarifies Duty of Employer to Act Reasonably in the Accommodation Process and in Requests for Medical Information

by Yosie Saint-Cyr LL.B., Editor at HRinfodesk---Canadian Payroll and Employment Law News

The Alberta Court of Queen’s Bench overturned a decision by the Panel of Human Rights and Citizenship Commission which found that an employer was justified in failing to accommodate an employee after his illness for lack of having received the medical information they considered necessary. On appeal, the Court ruled that the employer cannot avoid his obligation to accommodate by failing to follow up to obtain the information it believed to be necessary.

Previewing: "Alberta (Human Rights and Citizenship Commission) v. Federated"

Court of Queen’s Bench of Alberta
Citation: Alberta (Human Rights and Citizenship Commission) v. Federated Co-operatives Limited, 2005 ABQB 587
Date: 20050729
Docket: 0503 03087
Registry: Edmonton

Between:
The Director of the Alberta Human Rights and Citizenship Commission and Gary Trick
Applicants

- and -

Federated Co-operatives Limited
Respondents

Memorandum of Judgment
of the
Honourable Madam Justice D. C. Read