Tag archives: procedural

Discrimination Can Occur Even Where Accommodation Needs are Not Known

In the recent decision of TWU v Telus Communcitations Inc, 2014 ABCA 154, the Alberta Court of Appeal addressed the issues of when accommodation is required and whether there is a procedural duty to accommodate, in Alberta human rights legislation. The employee was unionized and worked in a call centre. During the probationary period at the start … Continue reading

No Independent Procedural Duty to Accommodate Under Canadian Human Rights Act: Federal Court of Appeal

A recent decision by the Federal Court of Appeal in Canada (Human Rights Commission) v Canada (Attorney General) (Cruden) has suggested that there is no procedural duty that exists separate and apart from the substantive duty to accommodate an employee with a disability. Cruden involved an employee of the Canadian International Development Agency (“CIDA”).  The … Continue reading