• First Reference
  • About us
  • Contact us
  • Blog Signup 📨

First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

  • Home
  • About
  • Archives
  • Resources
  • Buy Policies

zero tolerance policies

By McCarthy Tétrault LLP | 4 Minutes Read August 22, 2018

Managing marijuana in the workplace

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.

Article by McCarthy Tétrault LLP / Employee Relations, Health and Safety / cannabis, dismissal for cause, drug and alcohol testing, employment law, marijuana at work, marijuana impairment, marijuana in the workplace, termination, zero tolerance policies

By McCarthy Tétrault LLP | 3 Minutes Read October 3, 2017

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.

No Free Accident RuleIn 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 an employee’s employment for drug use in violation of a drug and alcohol policy, this decision reinforces employers’ ability to implement and rely upon drug and alcohol policies aimed at promoting a safe workplace.

Facts

Elk Valley Coal Corporation implemented an Alcohol, Illegal Drugs & Medication Policy (“Policy”) aimed at promoting safety at its mine. The Policy contained a “No Free Accident Rule” – employees who disclosed any dependence or addiction issues would be offered rehabilitation and treatment without fear of reprisal; however, employees who failed to disclose dependency or addiction … Continue reading “SCC upholds dismissal of employee for failing to disclose cocaine use in violation of no free accident rule”

Article by McCarthy Tétrault LLP / Employee Relations, Health and Safety, Human Rights / addiction, discrimination, employment law, No Free Accident Rule, prima facie discrimination, termination, zero tolerance policies

By Michele Glassford | 2 Minutes Read November 3, 2014

Zero tolerance for zero tolerance policies

Rarely has a phrase been so well-intentioned yet so fraught with pitfalls as “zero tolerance”.

Article by Michele Glassford / Employee Relations, Health and Safety, Human Rights, Union Relations / bullying, employment law, grieving his termination, HR policies, human resources policies, labour arbitration, legal pitfalls, Policy makers and bureaucrats, racism, verbal harassment, workplace harassment, workplace policies, workplace violence, zero tolerance, zero tolerance policies

Footer

About us

Established in 1995, First Reference is the leading publisher of up to date, practical and authoritative HR compliance and policy databases that are essential to ensure organizations meet their due diligence and duty of care requirements.

First Reference Talks

  • Home
  • About
  • Archives
  • Resources
  • Buy Policies

Main Menu

  • About First Reference
  • Resources
  • Contact us
  • 1 800 750 8175

Stay Connected

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

We welcome your comments on our blog articles. However, we do not respond to specific legal questions in this space.
We do not provide any form of legal advice or legal opinion. Please consult a lawyer in your jurisdiction or try one of our products.


Copyright © 2009 - 2023 · First Reference Inc. · All Rights Reserved
Legal and Copyright Notices · Publisher's Disclaimer · Privacy Policy · Accessibility Policy