News

Supreme Court dismisses appeal of Alberta worker fired after positive drug test

Supreme Court dismisses appeal of Alberta worker fired after positive drug test
Health
The Supreme Court of Canada has dismissed an appeal in a case involving an Alberta worker who was fired by a mining company after testing positive for drug use.

In an 8-1 ruling, the court says the Alberta Human Rights Tribunal was right to conclude that the man was fired for breaching the company’s drug policy, not because of his addiction.

Chief Justice Beverley McLachlin says while the employee may have been in denial about his addiction, he knew he should not take drugs before work and had the capacity to disclose his drug use to his employer.

In a dissenting opinion, Justice Clement Gascon said the employee, Ian Stewart, was terminated for giving in to his drug dependence and did not receive reasonable accommodation from the company.

The tribunal found that while the complainant’s drug addiction was a disability protected under the legislation, there had been no discrimination, a finding that was upheld by lower courts.

“The Alberta Human Rights Tribunal held that Mr. Stewart was not terminated because of his addiction, but for breaching the policy, which required him to disclose his addiction or dependency before an accident occurred to avoid termination,” McLachlin wrote.

She said she saw no reason to interfere with that finding.

“The tribunal’s decision that prima facie discrimination was not established was reasonable,” she wrote. “It is therefore unnecessary to consider whether Mr. Stewart was reasonably accommodated.”
Read more on globalnews.ca
News Topics :
Similar Articles :
Business
In an 8 1 ruling, the court says the Alberta Human Rights Tribunal was right to conclude that the man was fired for breaching the company’s drug policy, not because of...
Top Stories
Seven years after two Muslim teens were banned from making their daily prayers at a private non denominational high school in Calgary, the Alberta Human Rights Commission AHRC must decide whether...
Canada
In a unanimous ruling, a panel of the B.C. Court of Appeal finds Graeme McCreath and his guide dog, Adrienne, were not discriminated against when they were refused a taxi...
Canada
WINNIPEG A Manitoba human rights case involving a former health worker who was fired for drinking alcohol could be heading to the Supreme Court of Canada. The Northern Regional...
Top Stories
Canadian Pacific chief executive Hunter Harrison lashed out when CP was ordered this month to reinstate the engineer even though an arbitrator confirmed the employee had “consumed cocaine at a...