Wrongful dismissal: Retraining doesn't extend duty to accommodate - Canadian HR Reporter
Ultrasound technologist learns how to handle MRIs — and expects job at the end
An employer approved a disabled worker's retraining for an entirely new profession. When she finished, she expected a job in that field to follow. However, a court has ruled that supporting an employee's career switch is not the same as promising to hire them.
In a decision dated July 22, 2026, assistant chief justice D.B. Higa of the Alberta Court of Justice dismissed a wrongful dismissal claim brought against EFW Radiology by a former part-time sonographer who had sought $64,166 in damages.
The court found the employment contract had been frustrated by permanent disability and that the employer had not breached its duty to accommodate.
A career interrupted by disability
The worker was hired in March 2011 as a part-time sonographer with the title of ultrasound technologist, reporting to the employer's ultrasound manager. About 80 per cent of her duties involved performing ultrasound examinations.
Her last active day at work was in November 2017. From that point, she drew sick leave and then short-and long-term disability benefits, which ended in April 2021.
Between September 2019 and May 2021, she enrolled in a program to retrain as a magnetic resonance imaging (MRI) technologist, completing her training and accreditation exams by June 2021. It was one of three sedentary occupations that a vocational assessment had recommended in light of her medical condition.
Retraining doesn't lead to job
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