Tag: Alberta Court of Queen’s Bench

Discipline for off-duty cocaine use justified in safety-sensitive workplace

by Rosalind H. Cooper A recent decision of the Supreme Court of Canada in Stewart v Elk Valley Coal Corp., 2017 SCC 30, has confirmed that employers have the ability to take disciplinary action against employees for drug and alcohol use in safety-sensitive workplaces. The worker in this case was employed in a mine where […]

Reconsidering random drug and alcohol testing in Canada

by Hannah Roskey Random workplace drug and alcohol testing is generally prohibited by Canadian employers in Canada. However, there are limited circumstances in which it may be permitted. A recent decision of the Alberta Court of Queen’s Bench, Suncor Energy Inc. v. Unifor Local 707A, provides some further guidance for employers operating in Canada. And […]

‘But it was due to my addiction’—when is last-minute confession too late?

By Kyla Stott-Jess It is not uncommon for an employee to disclose an addiction only when being terminated for misconduct that may be related to the employee’s substance abuse. The employee then tries to trigger human rights protections due to his or her “disability.” A recent Alberta court decision, Bish v. Elk Valley Coal Corporation, […]