Timing Isn't Everything – Until It Is: Two Alberta Cases Of Post-Leave Termination

A Tale of Two Terminations

An employee returns to their place of employment on the first day after their medical leave ended, only to be handed a termination letter. Was it a coincidence or was the leave the reason they were being terminated?

When does the timing of a dismissal following a protected leave cross from "just a business decision" into unlawful discrimination?

This post examines two recent human rights decisions that reached different conclusions. In Amies v. Lethbridge Family Services (2025 AHRC 19) ("Amies"), timing alone was concluded not to be determinative; however, in Silliker v. Suncor Energy Inc. (2024 AHRC 91) ("Silliker"), timing played a central role in a finding of discrimination. Together, these cases offer important lessons for employers on how the timing of a termination may be interpreted under human rights law.