Canadian Employment Law Today

May 19, 2021

Focuses on human resources law from a business perspective, featuring news and cases from the courts, in-depth articles on legal trends and insights from top employment lawyers across Canada.

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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 » CREDIT: METAMORWORKS iSTOCK 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

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