Not Disabled Enough? ABQB Finds No Duty To Inquire Further Into Disclosed Disability

The Alberta Court of Queen's Bench released a concerning decision on May 16th in Telecommunications Workers Union v Telus Communications Inc., 2013 ABQB 298, in which the applicant Union appealed an arbitration decision upholding Telus' termination of a probationary employee with Asperger's Syndrome.  Asperger's Syndrome is a type of "Autism Spectrum Disorder" which impairs an individual's communication, understanding and social interaction, without delaying language or cognitive development (see here for more details).

The arbitrator had found that the employee did have a recognized disability under Alberta human rights legislation, and that his Asperger's Syndrome was a contributing factor in his termination. The arbitrator had also found the employee had brought his disability to Telus' attention by checking "yes" to having a disability on the job application diversity questionnaire, and by raising it at a meeting one week before his termination.