Alberta Human Rights Commission Considers Employer Obligations During Leave

In Trafford v ISCO Canada Inc., 2024 AHRC 149, the Alberta Human Rights Commission considered an employer's obligation to provide part-time work and commissions to an employee that was on an unpaid leave.

The complainant was a sales representative for ISCO Canada Inc. whose compensation was, in part, commission-based and who had gone on a parental leave. While on leave, the employer declined to pay her any commissions despite having paid commissions to her on a prior parental leave. Importantly, the employer's prior commission plan allowed for some discretion in the payment of commissions to employees on leave whereas the commission plan in place at the relevant time contained no such discretionary language.