Is The Duty To Accommodate Less Onerous For Probationary Employees? Possibly...

A recent case from the Alberta Court of Appeal considered this question in the context of an employee with Asperger's syndrome working at a call centre but, unfortunately, did not provide a definitive answer. Although the decision suggests that the duty to accommodate can be less onerous for probationary and short service employees, the threshold for establishing undue hardship is onerous and is always judged on a case by case basis. Therefore, employers should carefully consider the circumstances before taking the position that accommodation cannot continue (or commence).

In Telecommunications Workers Union v Telus Communications Inc., 2014 ABCA 154 ("Telus"), a technical support employee with Asperger's syndrome was dismissed within the 90-day probationary period outlined in the collective agreement. On his application form, the employee had indicated that he had a disability; however, the form did not request additional information about the nature of the