An Alberta court has upheld the firing of a long-term worker who refused to participate in a substance abuse assessment following a positive post-incident drug test.
“In the case of a drug and alcohol policy, the employer is trying to ensure workplace safety,” says Allie Laurent, a labour and employment lawyer with McLennan Ross in Calgary, who was counsel for the employer in the case.
“This policy was designed to ensure that there aren’t unknown risks onsite, and cannabis is a difficult substance because it can remain present in an individual for so long – that’s why you have to develop your drug and alcohol policy with a precautionary approach to require that in a safety-sensitive environment, you can’t test positive.”
