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Drugs & Alcohol

SCC: cocaine addicted employee involved in workplace accident dismissed for breach of policy, not drug use

Jurisdiction: - Alberta - All
Sector: - Mining

In a decision issued today - Stewart v. Elk Valley Coal Corp., 2017 SCC 30 - the Supreme Court of Canada tackled the difficult issue of when and on what basis an employer can dismiss an employee addicted to drugs.  

Facts

As set out by the SCC, these are the facts:

[1]   Ian Stewart worked in a mine operated by the Elk Valley Coal Corporation, driving a loader.  The mine operations were dangerous, and maintaining a safe worksite was a matter of great importance to the employer and employees  read more »

CP Railway CEO says company will challenge arbitrator’s order to reinstate "cocaine-using" locomotive engineer

Here's an interesting news release that Canadian Pacific Railway Limited issued on July 16, 2014 concerning an arbitrator's decision to order an employee re-instated:

Canadian Pacific Railway Limited (TSX/NYSE: CP) announced today it will be asking the Superior Court of Quebec to stay a July 14, 2014 decision by the Canadian Railway Office of Arbitration (CROA), which ruled a locomotive engineer, who consumed cocaine at a time and of a quantity which could impact his duties, must be reinstated.

CP also announced it will be appealing the agency's order to the Superior Court of Quebec asking it to overturn the decision.  read more »

"Top 10 Employment And Labour Law Cases In 2013" according to Cassels Brock & Blackwell

The law firm of Cassels Brock & Blackwell has issued their, "Top 10 Employment And Labour Law Cases In 2013". 

The cases on their list are set below. Note: the summaries with the cases are mostly my word-for-word cut and paste's from the original article:

1. Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd., 2013 SCC 34

The Supreme Court of Canada ruled that random alcohol testing in the workplace is prohibited unless the employer can prove that, in addition to having a dangerous workplace, there are other pressing factors such as an overt substance abuse problem in the workplace.

2. Pate Estate v. Harvey (Township), 2013 ONCA 669

The Ontario Court of Appeal agreed that the Township employer had severely mistreated the dismissed employee, but reduced the punitive damages award from $550,000 to $450,000.  read more »