Daves Not Here, Man: Termination for Smoking Dope at Work Upheld

The arbitrator in a case in which two janitors were caught smoking pot on the job at a University stressed that each case involving drug use at work must be determined at its own specific facts, context and merits. While he agreed with the Union, who argued on the employees behalf that the positions were not safety-sensitive, he ultimately agreed with the employer that the grievors lack of candour and their attempts to mislead the employer destroyed the trust necessary for them to continue working in an unsupervised position. Even though the federal governments plan to legalize recreational marijuana will come into effect Aug. 1, 2018, employers should implement workplace policies prohibiting employees from being or becoming impaired at work, particularly in safety-sensitive positions.

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Posted Under: Canada, International

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