Not surprisingly, employers seek to hire individuals who will
perform the duties of their job diligently, honestly and
faithfully. Unfortunately, instances can occur where employers find
themselves facing an unmotivated and/or disinterested worker who
accumulates disparate and unrelated absences under the pretense of
a disability. When it comes to such "difficult
employees", managing the employment relationship can prove
challenging for employers.
In the recent decision of Saunders v. Syncrude Canada
Ltd.,1 the Alberta Court of Queen's Bench
provided clarity on some of the issues that affect employers trying
to manage the employment relationship in the face of
unsubstantiated and unrelated absences that the employee claims
result from a disability. In Saunders, the Court
overturned a decision of the Alberta Human Rights Tribunal (the
"Tribunal"), confirming the necessary threshold to
establish a disability in the employment context and the level of
proof required of
