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Devry Smith Frank LLP

By Devry Smith Frank LLP | 2 Minutes Read July 14, 2014

Post-treatment agreements and accommodating alcoholism

A recent arbitrator’s decision concerned the enforceability of a pre-treatment agreement allowing an employer to terminate a unionized employee if he failed to abstain from the consumption of alcohol.

Article by Devry Smith Frank LLP / Employee Relations, Employment Standards, Human Rights, Union Relations / accommodating alcoholism, accommodating an addiction, Alcoholism was described as an illness, cause for dismissal, consumption of alcohol, duty to accommodate, Employee failed to abstain from the consumption of alcohol, employee was arrested for driving under the influence, employment law, HR Law, just cause, Labour Law, last-chance agreement, misconduct, Post-treatment agreements, Return to work, suspension of his license, terminate a unionized employee, termination, terminations, undue hardship

By Devry Smith Frank LLP | 3 Minutes Read June 25, 2014

Another failure to implement random alcohol and drug testing policy in the workplace

Suncor Energy Inc. has recently attempted to implement a mandatory, random drug and alcohol testing policy among employees in “safety-sensitive” or “specified” positions at their oil sands work site Fort McMurray, Alberta. These positions are held by about 82 percent of the 3,383 union members employed at the site.

Article by Devry Smith Frank LLP / Employee Relations, Human Rights, Payroll, Privacy, Union Relations / alcohol and drug use in the workplace, breathalyzer testing, communications, employees’ rights to privacy, employment law, Energy and Paperworkers Union of Canada, filing a grievance, HR policy, Local 30 v. Irving Pulp & Paper, near-miss history, policies and procedures, random alcohol and drug testing policy in the workplace, random alcohol testing, random testing policy, reathalyzer and urine tests are considered very invasive, safety-sensitive position, serious invasion of employees’ privacy, unionized employees, urine tests

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