zero tolerance policies

Managing marijuana in the workplace

August 22, 2018 Employer Advisor, McCarthy Tétrault LLP Health and Safety, HR Policies and Procedures, Human Resources

The Tribunal’s helpful statement in this case that an employee does not have an absolute right to use marijuana in the workplace and that it would be unreasonable to expect an employer to formally test an employee to determine the level of impairment before it could raise health and safety concerns should provide employers with some reassurance.

cannabis, dismissal for cause, drug and alcohol testing, employment law, marijuana at work, marijuana impairment, marijuana in the workplace, termination, zero tolerance policies

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

October 3, 2017 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights

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 […]

addiction, discrimination, employment law, No Free Accident Rule, prima facie discrimination, termination, zero tolerance policies