Motor vehicle accidents can have a significant and lasting impact on all aspects of a person’s life—including their employment. In Alberta, personal injury and employment lawyers are increasingly seeing the intersection of post-accident medical conditions and workplace legal responsibilities. When an employee returns to work after a serious car accident, employers must be aware of their duty to inquire under Alberta human rights law.
Car Accident Injuries and Workplace Performance: Employer Obligations
After a traumatic car crash, it is not uncommon for injured workers to experience cognitive or psychological symptoms, such as concussions, PTSD, depression, or anxiety, that may hinder their job performance. While employees generally have a duty to inform their employer of any disabilities or medical conditions requiring accommodation, Alberta law places a concurrent duty on employers to make reasonable inquiries if poor performance may be linked to a known or suspected disability.
Case Overview: Peng and the Employer’s Duty to Inquire
This legal principle was illustrated in the Alberta case of Peng v Alberta Health Services, 2023 AHRC 62, a key decision for both employment lawyers and human rights advocates in the province.
Ms. Peng suffered multiple injuries in a serious motor vehicle accident, including a concussion, PTSD, and major depressive disorder. After taking approximately four weeks off work, she returned and informed her supervisor of her condition. She continued to experience headaches, fatigue, and sleep issues, all of which affected her job performance.
Despite this knowledge, the employer issued a disciplinary warning three months later based on performance issues—such as missed deadlines, poor communication, and risk management failures. Several months after that, Ms. Peng was terminated. She filed a human rights complaint, alleging that the employer had failed to accommodate her disability.
The Alberta Human Rights Commission initially sided with the employer, stating that Ms. Peng bore the burden of disclosing the need for accommodation. However, on further review by the Human Rights Tribunal, the decision was reversed.
Alberta Human Rights Tribunal: Clarifying the Employer’s Legal Duties
The Tribunal found that there was sufficient evidence to proceed to a full hearing, emphasizing that:
“An employer who knows or ought reasonably to know that there may be a connection between an employee’s disability and their poor performance on the job is required to inquire into such connection before taking any disciplinary action.”
In this case, the employer knew Ms. Peng had been in a serious car accident, had medical treatment, and had shown significant behavioral and performance changes. As a result, the Tribunal determined there was a reasonable duty to inquire about the possibility of disability-related performance issues before disciplining or terminating her employment.
Key Takeaways for Employers and Employees in Alberta
For Alberta employers, this case is a critical reminder that knowledge of an employee’s disability—even if not formally disclosed—can trigger a duty to investigate whether job performance issues are linked to a protected ground under Alberta’s Human Rights Act.
For employees injured in car accidents, it underscores the importance of communicating clearly with employers about health-related limitations, but also affirms that employers cannot ignore obvious signs of post-accident struggles.
Legal Support for Motor Vehicle Accident and Workplace Disputes
If you have been injured in a motor vehicle accident and are seeking advice regarding your rights, contact Crash Lawyers today.
Please note that we are not employment lawyers. If you’re looking for an employment lawyer, contact Cashion Legal today. They can assist you with workplace issues arising from the injuries suffered in your motor vehicle accident.