A recent decision from the Alberta Human Rights Commission serves as a good reminder to employers to keep sufficient notes and document reasons to justify the termination of employment of employees, even in not-for-cause situations. For employees, the same decision serves as notice that the mere fact of having immutable characteristics or belonging to a protected group ...
Employers who operate safety sensitive worksites will find the recent decision of the Alberta Human Rights Tribunal in Everitt v Homewood Health Inc., 2019 AHRC 36 of interest. In this decision, the complainant, Brad Everitt, was a member of a building trade union and worker in the construction industry. The respondent, Homewood Health Inc., administered a rapid site ...
In Stewart v. Elk Valley Coal Corp., 2017 SCC 30, the Supreme Court of Canada upheld a decision of the Alberta Human Rights Tribunal which found that the termination of an employee in a safety-sensitive environment who tested positive for cocaine after a workplace accident did not constitute unlawful discrimination.
Important takeaways from the decision include that:
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