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addiction

SCC upholds dismissal of employee for failing to disclose cocaine use in violation of no free accident rule

The no free accident rule is designed to encourage safety by encouraging employees with substance abuse problems to come forward and obtain treatment before their problems compromise safety. In Stewart v. Elk Valley Coal Corp., 2017 SCC 30, the Supreme Court of Canada recently reaffirmed the two-part test for discrimination in the workplace. Centered on the termination of […]

 

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Accommodating employees with mental disabilities

Research estimates that almost one in five Canadian adults will experience a mental illness or addiction. In the last version of the Diagnostic and Statistical Manual of Mental Disorders – The Fifth Edition (or DSM-5)the number of recognized mental disabilities increased.

 

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Balancing just cause for dismissal and accommodation

Ontario-auto-shop-employee-loses-job-over-Twitter-search-for-marijuana

Recently, a Mr. Lube employee tweeted a request for some marijuana to help him get through his shift. This may have gone unnoticed by the media, but it came to the attention of the York Regional Police, who used their Twitter account to respond by asking, “Can we come too?” Presumably, his employers were asking a different question: “Can we fire him?”

 

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Can employers in Canada refuse to hire smokers?

Recently, an Ottawa-based tech company called Momentous Corp. has attracted national attention because it implemented a blanket policy against hiring smokers and advertises that it will hire non-smokers only. In order to reduce its health costs, Momentous prohibits the hiring of or allowing any smoking on its property during working hours…

 

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The Charlie Sheen treatment: is workplace addiction a laughing matter?

You might have seen something on the news or online recently about Charlie Sheen, or maybe one of your co-workers or friends mentioned some of the outlandish things Sheen has said in interviews recently. You might have thought, “Charlie Sheen? He’s still around?” Or maybe you know his hit sitcom, Two and a Half Men, so you know he hasn’t faded away into obscurity. At any rate, you might have been surprised that by his own admission he had done and was continuing to do the amount and kinds of drugs that only celebrities can do and continue to live.

 

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Some basics on dealing with drug and alcohol issues in the workplace

It is obvious that being inebriated or otherwise impaired in the workplace is inappropriate behaviour. The issue is then how employers can protect their workplace from the imposition of drugs and alcohol, while still respecting the rights of their workers.

 

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