Case Note: Robinson v Edmonton (City), 2014 ABQB

An Alberta court dismissed a complainant's appeal of a human rights tribunal decision in Robinson v Edmonton (City), 2014 ABQB 29.  The complainant, a city bus driver, had resigned her employment after being denied LTD benefits relating to a physical condition.  She had done so despite the fact that the employer had shown willingness to consider retraining her to drive LRT trains.  The Tribunal found that the complainant's condition might have been adequately accommodated by the retraining, given the different working conditions.  The complainant's decision not to pursue that potential accommodation with her employer was unreasonable and justified the dismissal of her complaint.

Norton Rose Fulbright Canada LLP