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Drugs & Alcohol

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 »

"Human Rights, Privacy and the Workplace"

"Human Rights, Privacy and the Workplace" is the title of a paper written by Enid J. Marion and Andrea Zappavigna, both of Harris & Company in Vancouver.

The paper was written for the Human Rights Conference (Continuing Legal Education of BC) in November 2004.

The Table of Contents is as follows:  read more »

"Impaired Driving and Keeping Your Job in Canada? Maybe, Maybe Not!"

Ogilvy Renault's Labour and Employment Law Group has prepared a brief entitled, "Impaired Driving and Keeping Your Job in Canada? Maybe, Maybe Not!" (May 27, 2003).