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Mental Disability, Duty to Inquire, and a $965,000 Lost-Wage Award — Employer Accepts Resignation Without Asking Why
When a long-service employee with a known mental health condition requests leave and then resigns, does the employer have a duty to ask whether the resignation is connected to the employee’s disability? In Volpi v Lifemark Health Corp, 2026 AHRC 26 and 71, the Human Rights Tribunal of Alberta said yes – and awarded over…
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Class Action Certified — Clinical Assistants Challenge AHS Overtime and Rest Period Practices
Alberta Health Services faces a certified class proceeding alleging systemic violations of employment standards for internationally trained physicians working as Clinical Assistants. In Salamh v Alberta Health Services, 2026 ABKB 442, Justice C.D. Simard certified the action, finding all five elements of the certification test were met – though emphasized this says nothing about the…
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Independent Contractor or Employee? — Cardiac Surgeon’s Discrimination Complaint Dismissed for Lack of Jurisdiction
A cardiac surgeon alleged gender-based discrimination by Alberta Health Services – but was she an employee entitled to the protection of human rights legislation? In Prieur v Alberta Health Services, 2026 AHRC 50, the Human Rights Tribunal of Alberta found she was not, dismissing the complaint for lack of jurisdiction after a detailed analysis of…
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Innocent Absenteeism and Termination — Three-Year Absence With No Return Date Justifies Dismissal
When does a disability-related absence become so prolonged and indefinite that an employer can lawfully end the employment relationship? In AUPE v Alberta Health Services, 2026 CanLII 42840 (AB GAA), Arbitrator Michael J. Hughes upheld the termination of a long-service employee whose total disability leave stretched nearly three years with no foreseeable return-to-work date, finding…
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Podcast Attacks on a Litigant — Contempt, Restraining Order, and Content Removal for Baseless Online Harassment
Can a court intervene when podcasters target a litigant with baseless public attacks designed to undermine their ability to pursue a lawsuit? In Mentzelopoulos v Alberta Health Services, 2026 ABKB 414 and 449, Justice Michael J. Lema found in the plaintiff’s favour, issuing contempt citations, a restraining order, and a content take-down order – a…
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Vacation Planning and Break Calculations — Employer Policies Upheld as Proper Exercise of Management Rights
Can an employer issue a vacation planning document without violating the collective agreement? And can it calculate rest breaks based on actual hours worked rather than scheduled shift length when an employee leaves for a short medical appointment? In Health Sciences Association of Alberta v Alberta Precision Laboratories, 2026 CanLII 20813 (AB GAA), Arbitrator Adam…
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Repeated Requests for Medical Clarification — When the Procedural Duty to Accommodate Is Breached
An employer can meet its substantive duty to accommodate perfectly- never assigning the employee to problematic shifts, never docking pay, never disciplining – and still breach its procedural duty by continuing to demand medical clarification after the issue is settled. In Health Sciences Association of Alberta v Alberta Precision Laboratories, 2026 CanLII 42537 (AB GAA),…
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Unlicensed Practice and Online Health Advice — Contempt Finding and Permanent Injunction Against Former Physician
What happens when a physician whose licence has been cancelled continues to hold themselves out as a medical authority and provide health advice to thousands of people online? In College of Physicians and Surgeons of Alberta v Makis, 2026 ABKB 159 and 2026 ABCA 198, the courts issued a permanent injunction, found the former physician…
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Duty to Accommodate in Long-Term Care — Three Grievances Denied After Employer Meets Its Obligations
How far does the duty to accommodate extend when an employee cycles through multiple medical leaves, workplace investigations, and modified work arrangements over three years? In AUPE, Local 048 v Bethany Care Society, 2026 CanLII 40173 (AB GAA), Arbitrator Michael J. Hughes found that the employer met its legal duty to accommodate throughout – and…
The Pulse: Alberta Case Law
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