Athabasca University forces professor to choose between her job, her family, or her child’s legs

This post is written with the full cooperation of Dr. Graf, with her right to final review and edit.

AUFA is taking the unprecedented step of publishing details of a personal grievance, and calling on all members and supporters for their help – AU is forcing a member to choose between her job and her child's legs.

Dr. Sabine Graf’s son was born in 2020. She is a Professor of Computing and Information Systems at Athabasca University, and one of the top-cited scholars in the country. Her son was born with a fibular hemimelia, a congenital defect affecting the legs. His particular form of fibular hemimelia is highly complex and difficult to treat. Sabine learned that the only treatment available to her son in Canada was to amputate both of his legs.

However, a more advanced treatment is available in other medical systems. In Austria, he could receive regular pediatric surgeries as he grows, which would save his legs and allow him to run, jump, and do sports like every other child with his legs. Dr. Graf and her spouse are Austrian citizens. Since Athabasca University employs its faculty remotely, and universities commonly have faculty work overseas, AU is particularly well-equipped to help Sabine.

This is also an opportunity for AU. Normally, AU could not have a faculty member remain overseas for years at a time due to cost and potential political concerns. However, a family accommodation means AU must legally comply to the best of their ability. This allows AU to expand its international reputation with one of its top professors working out of Europe, which is in the clear interests of the university.  

What happened instead is Human Resources refused to deal with the matter. After receiving a non-answer, Sabine informed HR, her Dean, and AUFA that she had no choice but to move to Austria to ensure her child has the opportunity for a normal development and receives the treatment he needs. HR took months between responses and meetings on Sabine, and explored the concept of retaining an Employer of Record, a third-party to handle Sabine’s employment status and payroll in Austria. However, HR eventually dropped the matter and nothing came of these discussions. Sabine has lived in Austria since 2021 with an ambiguous employment status and without personal access to health care. During this time she has only increased her profile at AU, and is noted for having never missed a meeting despite the significant time difference.

The Law

Sabine’s ability to continue doing her job is affected by her child’s illness, which qualifies this as a matter of family status. Employers may not discriminate over matters of family status, which is enforced through Article 10 and a Letter of Understanding within the AUFA Collective Agreement in addition to varying legislation at the provincial and federal level. The limit to accommodation is undue hardship, where the accommodation would substantially disrupt the employer. For example, a local corner store could not handle an overseas employee due to a much smaller budget, no operational setup to support it, and the lack of professional payroll and Human Resources staff.

Undue hardship has a high legal bar. It requires that the accommodation is so onerous it could include “intolerable” financial stress. Employers must explore all available options before declaring undue hardship and be prepared to show their work. In addition, AU has already granted Sabine’s accommodation by allowing her to live in Austria for the past five years.

What happened

After years of inactivity, HR informed Sabine that they would not hire an Employer of Record (EOR) and she has to move back to Canada. They claimed surprise that she was in Austria, claiming they thought she was travelling between both countries regularly. This is not true, and was never communicated to HR, who were informed repeatedly by AUFA and Sabine that she had moved. Sabine checked with local Austrian tax experts, who informed her an EOR is not necessary, and she could just remit tax directly to the government. HR ignored this offer. Instead, HR and their legal counsel asked numerous questions some of which betrayed a deep ignorance on the basic facts of the case, asking if Sabine’s son could fly back and forth (despite complex multi-hour surgeries and aftercare), or if Sabine had actually investigated all options in Canada.

At the end of June, HR informed Sabine she had been stripped of her AUFA membership, which AUFA disputes. Although AUFA asserts AU does not have this right, labour law requires a “work now, grieve later” approach meaning AUFA cannot stop the employer’s actions. With Chief Human Resources Officer Pauline Smeltz personally handling the case, HR declared that her accommodation request was denied due to undue hardship. Although HR admitted an EOR is not necessary, they claimed unspecified tax risks as being too great for AU to bear. Sabine was told she must move back to Canada or be fired. With AU refusing to acknowledge AUFA’s collective agreement in this matter, Sabine would be denied disciplinary protections. AUFA’s request for a meeting was denied by AU’s lawyer.

Consequences

If Sabine moves back to Canada with her family, her child’s legs will be amputated. If she stays in Austria, she loses her job. If she moves back to Canada alone, she abandons her family. In accommodation matters, the employer is required to explore all available options. HR neglected this case for five years and has now enforced an arbitrary deadline to try to scare a mother into abandoning her child.

Declaring that Sabine is no longer a member of the faculty association terminates the employer’s recognition of her professorship. Without tenure or academic freedom rights, Sabine’s grants and anyone working under those grants are at risk, as well as any publications, and the incoming PhD program in Computing and Information Systems in the Faculty of Science and Technology.

It is an extraordinary move for AUFA to publish the personal details of a grievance. However, with HR’s arbitrary deadlines the AUFA Executive felt there was no choice left but to go public. We are calling upon all AUFA members, allies, and friends of Sabine to contact Athabasca University to demand they restore Sabine’s AUFA membership and negotiate in good faith with AUFA to grant her accommodation.

Take action

Share this post widely on social media platforms. AUFA demands that AU restore Sabine’s rights as a tenured professor, stop threatening to fire her, and do what they should have done six years ago, meet with AUFA and explore all available options. The legal and moral duty of our employer is to protect Sabine’s family status through all available means.

We are seeking support to help Sabine. You can send your feedback directly to AU leadership at the following emails:

Share your thoughts

Send confidential feedback, questions, and media inquiries to grievance@aufa.ca

David Powell