Cardwell v. Alberta Health Services

An AHS administrative employee alleged disability discrimination after disputes over workplace accommodations — but her union had already filed and then withdrawn a grievance on the same matter. The Tribunal confirmed that a withdrawn grievance is not, on its own, an exceptional circumstance that opens the door to a human rights complaint.

Background

The complainant was employed with Alberta Health Services (AHS) for approximately 11 years in an administrative position. Following an accident in 2019, she required workplace accommodation supported by medical documentation, including a sit-stand desk and a ball chair, and permission to attend medical appointments twice weekly. In 2022, AHS proposed relocating her workstation and raised concerns about her medical leave affecting work hours. Disputes arose over the adequacy of accommodations at the new location, leading to multiple workplace assessments. The Union filed a grievance on her behalf but adjourned it due to the complainant’s medical leave, then closed it a few weeks later.

The complainant alleged that AHS discriminated against her in employment on the ground of physical disability. The Director of the Commission dismissed the complaint on the basis that it was more appropriately dealt with in another forum. The complainant then requested a review of the Director’s decision.

Issue

Should the complaint have been dismissed on the basis that it was more appropriately dealt with in another forum — specifically, through the grievance and arbitration process under the applicable collective agreement?

Decision

The Tribunal affirmed that, where an employee is covered by a collective agreement and absent exceptional circumstances, the grievance process will generally be the more appropriate forum for the resolution of discrimination claims. The fact that the grievance was withdrawn does not constitute an exceptional circumstance such that the Tribunal should assume jurisdiction. The complainant did not provide information sufficient to establish exceptional circumstances warranting the displacement of the grievance process.

Citation: 2026 AHRC 10