The Supreme Court of Canada upheld the decisions of the Alberta Court of Appeal and Alberta Human Rights Tribunal in Stewart v. Elk Valley Coal Corp., finding that the termination of an employee with a cocaine addiction was valid. The Court determined that the employee’s breach of a Drug and Alcohol Policy – “No Free Accidents” – was the cause of his dismissal, rather than the addition itself. The policy requires employees to voluntarily come forward and disclose drug use before any incidents occurred to be given an opportunity for treatment. This employer-friendly ruling should not be seen as a blanket endorsement of terminations related to drug and/or alcohol use. Employers should create a well-drafted drug and alcohol policy, consider safety-sensitive positions within the workplace and construct well-drafted termination letters.
