Arbitrator finds employer met its duty after worker admits directing her physician
A Health Care Aide who admitted she instructed her physician to clear her for full duties despite knowing she could not safely perform them has lost her bid to prove her employer failed to accommodate her disability.
In an award issued April 22, 2026, sole arbitrator Michael J. Hughes dismissed three grievances filed by the Alberta Union of Provincial Employees against Bethany Care Society, along with a retaliation claim tied to a human rights complaint. The decision turns on a candid admission at the hearing: the grievor steered her own medical documentation to keep her 0.9 full-time-equivalent income, then later argued the employer should have known the notes were unreliable.
The grievor returned to full duties on November 28, 2022, after her physician declared her "medically fit and safe to return to work WITHOUT ANY ACCOMMODATIONS," reversing restrictions that had been in place a day earlier. An HR Business Partner internally flagged the new note as "totally contradictory" with prior information.
Coworker concerns followed in the months after. By March 2023, two Health Care Aides separately raised concerns about the grievor's performance, including reports that she was relying heavily on others for help, was avoiding call bells, and was complaining of pain at work. The employer launched a workplace investigation and requested updated medical information.
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