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Guidance for employers on how to develop a workplace "Substance Abuse Policy"

Earl Phillips, a lawyer in Vancouver at McCarthy Tetrault LLP, has published "Substance Abuse Policy", a paper that provides guidance to employers on how to develop a workplace substance abuse policy.

"Recreational Drug Use and Pre-Employment Drug Testing: Human Rights Legislation and New Challenges for Employers"

Jurisdiction: - Alberta - Ontario
Sector: - Oil & Gas

Lawyer Gary T. Clarke and articled student, Joana Thackeray, at Fraser Milner Casgrain LLP in Vancouver have written a paper entitled, "Recreational Drug Use and Pre-Employment Drug Testing: Human Rights Legislation and New Challenges for Employers".

The paper was published in Canadian Employment and Equality Rights, Vol. 7, Number 34, October 2006 and concludes with some concrete advice for employers who are looking to implement pre-employment drug testing.

The Duty to Accommodate in 'Hybrid' Cases

Jurisdiction: - British Columbia
Sector: - Forestry

Published in Management Rights journal (Vol. VIII, No. 1, 2005), pp. 436

In its decision in Fraser Lake Sawmills, the B.C. Labour Relations Board stated that when faced with employee misconduct that is attributable to both an underlying addiction and to culpable factors ("hybrid cases"), the employer must fashion a response that addresses all circumstances of the case. This could include discipline for the culpable aspect of the misconduct while at the same time imposing administrative measures for the non-culpable aspect.

As I explain in the article (see the link below), the Board also stated that the underlying disability must be accommodated.

In the first decisions after Fraser Lake Sawmills dealing with addiction issues, the role of the duty to accommodate was generally overlooked as the labour relations community struggled with how the Board's decision should be applied in practice. However, in two arbitration decisions issued in 2005, the arbitrators discussed how the duty to accommodate should be addressed in hybrid cases.  read more »

Dismissed grievor's defence that he was addicted to internet pornography rejected, as chose not to get help

Jurisdiction: - Ontario
Sector: - Transportation

Public Service Alliance of Canada v. Greater Toronto Airports Authority (Ontario Grievance Arbitration, D. Murray, November 12, 2001)

Causal link between mental condition and viewing pornography; suspension substituted for termination

Jurisdiction: - Ontario

Canadian Union of Public Employees, Local 101 v. City of London (Ontario Grievance Arbitration, W. Marcotte, October 5, 2001)