No Causal Link: Alberta Court Upholds Dismissal After Workplace Harassment Complaint

Jon Astolfi, a senior project manager at Stone Creek Resorts Inc., was terminated after filing a workplace harassment complaint. After his appeals and requests for reconsideration were dismissed by the Alberta Labour Relations Board, Astolfi sought judicial review of the Board’s refusal to reconsider. The court dismissed the judicial review, finding the Board’s process reasonable and procedurally fair, and awarded costs to Stone Creek.

Administrative law – Decisions reviewed – Labour and employment boards – Judicial review – Natural justice – Procedural requirements and fairness – Standard of review – Reasonableness; Labour relations – Working conditions. 

Astolfi v. Alberta Labour Relations Board, [2026] A.J. No. 64, Alberta Court of King’s Bench, January 20, 2026, J.C. Kubik J.

Mr. Jon Astolfi was a senior project manager at Stone Creek Resorts Inc. (“Stone Creek”). On April 3, 2018, he filed a disciplinary action complaint against Stone Creek, relating to allegations of harassment in the workplace. On April 23, 2018, his employment was terminated.

An occupational health and safety officer (the “officer”) investigated his complaint and concluded that Mr. Astolfi had complied with the Occupational Health and Safety Act (the “OHS”), and disciplinary action was taken against him, but there had been no causal connection between his act of compliance and his termination. Rather, the officer concluded that Mr. Astolfi had been terminated because he failed to report to work at the company office as required.

Mr. Astolfi appealed the officer’s decision to the Alberta Labour Relations Board (the “Appeal Body”), which dismissed the appeal. Mr. Astolfi then sought reconsideration of the appeal decision, which was denied. However, due to a filing and processing error, the appeal was resubmitted to a second appeal panel, who dismissed his reconsideration application (the “Second Reconsideration Decision”). Mr. Astolfi sought a judicial review of the Second Reconsideration Decision.

The court considered whether the Appeal Body’s decision not to reconsider the decision was reasonable and procedurally fair, and whether there is a right to judicial review of a reconsideration decision under the OHS.

The application for judicial review was dismissed. The court reasoned that the standard of review was reasonableness, and therefore deference was required to the Appeal Body. The Appeal Body demonstrated awareness of relevant case law, reasonably declined to admit new evidence, and provided transparent, intelligible and justified reasons for its decision. The court found the Appeal Body’s process to be procedurally fair and its decision not to reconsider was reasonable. As a result, Stone Creek was awarded costs of $3,375 plus disbursements.

This case was digested by Claire Shanna.  If you would like to discuss this case further, please feel free to contact her directly at [email protected].