First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

marijuana

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Amendments to the Occupational Health and Safety Awareness and Training Regulation; overview of Bill C-45 to legalize marijuana; and Budget 2017 Bill to implement employment insurance measures.

 

, , , , , , , , ,

Dealing with marijuana in the workplace

I am increasingly being asked to speak about this subject at HR conferences, as employers are concerned about the practical implications of medical marijuana and how employees using it should be treated. The issue of marijuana in the workplace has generated a lot of attention, but what have our courts, arbitrators and tribunals said about it? A review of decisions addressing dismissal for workplace usage or possession of marijuana shows an inconsistent treatment which is consistent with the early stages that we are in.

 

, , , , , , , , , , , , ,

No obligation to let employee smoke marijuana at work as a form of accommodation

The British Columbia Human Rights Tribunal, in French v Selkin Logging, found that an employer did not discriminate based on the ground of physical disability by refusing to allow the employee from smoking marijuana at work. The company’s zero-tolerance policy for drugs constituted a bona fide occupational requirement (BFOR).

 

, , , , , , , , , , , , ,

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?”

 

, , , , , , , , , , , , , , , , , , , , , , , ,

Business travellers: Admissions may result in inadmissibility to the United States

The media recently reported on an incident involving a British Columbia woman who admitted to a United States Customs and Border Protection officer that she had recently smoked marijuana.  Although she had never been convicted of any criminal offense, this admission alone was sufficient grounds to ban her from entering the United States.  The incident raised some interesting legal points, many of which will apply equally to business travellers. 

 

, , , , , , , , , , , , , , , , , , ,

ATP holders not allowed to smoke medical marijuana in liquor licensed establishments

Although it was clearly discriminatory on the prohibited ground of disability, the Ontario Human Rights Tribunal recently found it could not allow an applicant to smoke his medical marijuana in liquor-licensed establishments. This discrimination could be justified because…

 

, , , , , , , , , , , , , , ,