In Alberta Teachers' Association v. Almadina Charter School Society, an arbitrator has ruled that, while an employer who decides not to extend the contract of a probationary employee normally has the right to remain silent as to the reasons for this decision, when faced with a reasonably-founded complaint of discrimination it is legally required to provide reasons to rebut the allegation. Further, although an employer does not have a positive obligation to offer a permanent contract of employment to the employee, the decision will be subject to arbitral review if the employer uses discriminatory criteria when deciding whether or not to make an offer.