Arbitration Award Upholds Bethany Care Society's Accommodation Efforts

An Alberta grievance arbitration has dismissed three grivances related human rights complaints arising from Bethany Care Society's efforts to accommodate a unionized health care aide with a degenerative physical disability at a long-term care facility. The dispute examined the employer's accommodation obligations over several years as the employee's medical restrictions and functional abilities evolved. Bethany implemented a range of measures, including modified duties, reduced working hours, medical leave and consideration of alternative roles, while repeatedly reassessing available work.

The Arbitrator found that the employer met its duty to accommodate throughout the relevant periods and that, where restrictions prevented the safe performance of core duties or required a fundamental restructuring of the position, further accommodation would have caused undue hardship. The grievances and retaliation allegations were therefore dismissed.

Advisory Team

Miller Thomson

Jill Wilkie

Shayla Klein

Ashley Hamza