In 2006, a company unilaterally adopted a workplace policy for mandatory and random alcohol testing, by breathalyser, for employees holding safety sensitive positions. What did the courts have to say?

Violent, disruptive and insubordinate actions committed by employees who can’t control their temper are grounds for discipline. Or are they? Human rights law require employers to accommodate employees with “disabilities.” Do anger management issues constitute a “disability” requiring accommodations under the law? Here’s how an …

By Paula Santonocito
‘Tis another holiday season, which means another round of challenges for HR. But before you say, “bah, humbug,” take a look at our Holiday Dos & Don’ts.
Created especially with you in mind, these tips might actually make your holidays—and the holidays of your …

If serving alcohol is part of your holiday party plans, you need to understand and manage your liability risks. Here’s how.
WHAT ARE YOUR LIABILITY RISKS?
You can be liable for injuries caused by employees who drive home drunk after the holiday party. The legal basis …

A pair of work-related back injuries left a worker in pain and unable to work. In 2002, he was prescribed medical marijuana.

A lead hand and forklift driver who had been disciplined for being intoxicated at work once before was fired for being drunk on the job.

An office worker stayed at work past closing to drink with co-workers and friends. She was drunk when she left the office at 2:00 am and was killed in a head-on collision while driving home.

The operator of a loader had to submit to post-incident drug testing after getting into a minor accident at work.

Sure, drug testing is complicated. But if you catch an employee in the act of smoking marijuana at work, you clearly have just cause to terminate, especially if the employee getting high does a safety-sensitive job.

Research shows that alcohol usage is widespread in Canada; nearly 80% of Canadians 15 years and older drink. Meanwhile, approximately 12% of Canadians are heavy alcohol users or abusers.

Research from the Canadian Centre on Substance Abuse (CCSA) finds approximately 80 percent of Canadians 15 years and older drink. Meanwhile, research from several sources, including CCSA and the Centre for Addiction and Mental Health, shows approximately 12 percent of Canadians are heavy alcohol users …

Because it reeked of marijuana, the manager took the liberty of opening a registered package addressed to a courier who worked for the company. Sure enough, it contained pot and the courier was fired. The courier denied knowing anything about the package even though it …

A city employee was arrested at work for possession of and trafficking in marijuana. During the employer investigation, he admitted to regularly smoking pot at work and using the city truck to drive to the spot where he bought the pot. But he claimed he …

Human rights laws ban employers from discriminating on the basis of a disability. Drug addiction and alcoholism are regarded as a “disability” under the law. This is the primary reason drug and alcohol testing is so problematic for employers. Yet, sometimes testing is legal. Why?
When …