Positive test, management observations, expert opinion add up to firing for workplace impairment

“Cannabis is not as predictable as alcohol and it’s not linear in its impacts on the human body – that’s why, when you’re trying to uphold discipline, you often need an expert to provide an opinion on why we care about impairment and the signs of impairment.”

So says Justin Turc, a labour and employment lawyer at McCarthy Tétrault in Calgary, after an Alberta arbitrator upheld the dismissal of a railway worker who tested positive for cannabis after supervisors observed signs of impairment.

The worker was employed as a brakeperson for the Canadian Pacific Kansas City Railway (CPR) since 2008. The position was considered a safety critical one.

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