Case Note: Duty To Accommodate Does Not Require Transfer To A More Suitable Position For Probationary Employee

The Alberta Court of Appeal affirmed an arbitral award upholding the termination of a probationary employee with Asperger's syndrome in Telecommunications Workers Union v Telus Communications Inc., 2014 ABCA 154. The arbitrator had acknowledged that the grievor's disability was a contributing factor to his failure to meet the performance standards required of him and to his resulting termination. She went on to conclude that the employer had no duty to accommodate the grievor where accommodation had not been sought and the employer was unaware of the nature of the disability or that accommodation was required.

Finally, she accepted, as did the union, that no accommodation of the grievor's condition would have been possible.