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An employer who is considering hiring a new worker has an array of classifications of employees from which to select. Factors, such as a company’s existing staffing needs and its anticipated future needs, predominately determine whether the company will need to bring in traditional full-time employees or whether to consider an alternative type, such as an independent or dependent contractor (amongst others), two types of which are examined in the following matter, Keenan et al. v. Canac Kitchens Ltd.
In French v Selkin Logging, the British Columbia Human Rights Tribunal concluded that while there was a prima facie case of discrimination, the company’s zero-tolerance policy for drugs in the workplace constituted a bone fide occupational requirement. Therefore, the employer never prevented the employee from attending any medical appointments or to smoke marijuana at work as claimed, so there was no discrimination based on the ground of physical disability.
On March 10, 2016, the Ontario government proposed amendments to the Smoke-Free Ontario Act, the Electronic Cigarettes Act, 2015 and its regulations (Ontario Regulation 48/06 and Ontario Regulation 337/15), in relation to the public use of e-cigarettes and medical marijuana, that would have a variety of impacts on the public, businesses, and employers in Ontario.
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