Law360 Canada ( June 6, 2022, 9:21 AM EDT) -- Appeal by Mittelstadt from a chambers judge’s interpretation of a human rights tribunal decision ordering reinstatement. Mittelstadt successfully applied for a position with the respondent University as an assistant whose job duties would be split between the University’s special collections library and its archives. Three weeks into her job, Mittelstadt’s brother died tragically. Mittelstadt was profoundly impacted by her brother’s death and, as a result, her job performance was less than satisfactory. Within months, she was terminated. Mittelstadt complained to the Alberta Human Rights Commission and a tribunal appointed by the Commission found that the University discriminated against her based on her temporary mental disability. In addition to awarding damages, the tribunal ordered that Mittelstadt was to be reinstated to an equivalent position. The University offered Mittelstadt numerous positions within the University but not within the Libraries Department. Mittelstadt refused the offers and applied for a mandatory injunction requiring the University to return her to her former position. The chambers judge dismissed Mittelstadt’s application for a mandatory injunction and granted the University’s cross-application for a declaration that it had complied with the tribunal’s order. The chambers judge concluded that the reinstatement ordered in this case was to an equivalent position anywhere within the University. Mittelstadt took the position that the chambers judge misinterpreted the tribunal’s order and that the hearing before the chambers judge was unfair. She further submitted that the chambers judge erred in failing to determine whether she had the necessary qualifications for the jobs which were offered as reinstatement....