How have arbitrators dealt with a grievance brought by a unionized employee who was terminated because of her disability?
Alberta, Canada
The following excerpt is from Wright v College and Association of Registered Nurses of Alberta (Appeals Committee), 2012 ABCA 267 (CanLII):
In upholding the grievance, the arbitrator concluded that the employer prima facie discriminated against the grievor in terminating her employment and had failed to adequately consider whether it could accommodate her. See also Direct Energy v. C.E.P., Local 975 (2009), 184 L.A.C. (4th) 7.
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