PM41261516
AN ALBERTA worker's claim that her employer failed
to accommodate her during a lengthy medical leave
and when it assigned her to a new location has been
dismissed by the Alberta Human Rights Tribunal.
Maureen Krill worked as an occupational health
nurse for Primco Dene EMS, a provider of emer
-
gency medical services at oil and gas facilities. She
was assigned to a work camp clinic at an oil and gas
site in Alberta. On April 15, 2015, Krill had to go on
medical leave because of a chronic foot injury, which
eventually required surgery.
At the beginning of Krill's medical leave, Primco
Dene asked her to keep the company updated on her
progress. One month later, the company inquired
as to whether she had an idea of when she would
be able to return to work. Krill didn't have an esti
-
mated return-to-work date at that point, and Primco
Dene continued to maintain regular queries about
when she thought she might be able to come back
to work — twice in June 2015, once in July and once
in August. The latter communication asked if Krill
was able to get medical information forms from her
doctor, but the answer was negative.
AN ALBERTA company that implemented
cost-cutting measures that reduced an employ
-
ee's salary and RRSP contributions three weeks
before terminating her employment construc-
tively dismissed the employee, the Alberta
Court of Queen's Bench has ruled.
Olga Kosteckyj, 48, was a senior integrity
engineer for Apache Canada, an oil and gas
exploration and production company. Apache
hired Kosteckyj in October 2013 and, in August
2017, Apache's Canadian business was taken
over by Paramount Resources, a Calgary-based
petroleum and natural resources exploration
company. As part of the transaction, Paramount
assumed responsibility for Kosteckyj's employ
-
May 19, 2021
NO TERM on page 6 »
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WORKER DIDN'T on page 7 »
Alberta worker's claim of insufficient
accommodation dismissed
Worker wasn't happy with length of leave and modified duties,
but employer satisfied its duty to accommodate
Alberta company's cost cutting,
job cutting was constructive dismissal
Reductions in salary, RRSP contributions, significant change
to employment; economic conditions and pandemic not justification
BY JEFFREY R. SMITH
BY JEFFREY R. SMITH
with Colin Gibson
Ask an Expert PG. 2
Harassment complaint
substantiated
Breaking down breaks in service PG.4
How does a short interruption
in the employment relationship
factor into reasonable notice
entitlement?
A stressful discrimination complaint PG.3
Stressed-out Alberta worker has
complaint of discrimination based on
mental disability dismissed, then
accepted for hearing
