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ARTICLE · 10 JULY 2025

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Timing Isn't Everything: Termination Upon Return From A Protected Leave Of Absence

In Amies v Lethbridge Family Services, 2025 AHRC 19, the Human Rights Tribunal of Alberta (the "Tribunal") upheld the Director's decision to dismiss a complaint for discrimination...

CanadaEmployment and HR

In Amies v Lethbridge Family Services,  2025 AHRC 19, the Human Rights Tribunal of Alberta (the “Tribunal”) upheld the Director's decision to dismiss a complaint for discrimination on the basis of mental disability after the Complainant's employment was terminated on the same day that she returned from a year-long medical leave.

Background

Over the course of her employment with Lethbridge Family Services (the “Company”), the Complainant was implicated in three workplace investigations. At the conclusion of the third investigation, the Company met with the Complainant to discuss the results of the investigation and to give her an opportunity to provide further information.

The following day, the Complainant was hospitalized for mental health related reasons and was placed on medical leave by the Company. The Complainant remained on medical leave for approximately one year before she was able to return to work. On her first day back from leave, the Company

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