Tagged: duty to inquire
-
AuthorPosts
-
Forum: Private
Hello,
A workplace incident has arisen in which an employee was observed shoplifting a can of beer while on duty at approximately 9:00 a.m. This situation may reasonably trigger the employer’s duty to inquire, particularly where there could be an underlying issue related to alcohol dependency or another protected ground under the BC Human Rights Code.
I would appreciate guidance on the appropriate approach during the investigation. Specifically, how direct should we be when exploring whether there may be an underlying concern with alcohol use or dependency?
Given the sensitive nature of this topic, is it appropriate to ask broader, probing questions to understand whether there may be a health-related issue contributing to the behaviour, or should questions be framed more directly and specifically around potential substance use concerns?
My goal is to ensure that the investigation is conducted in a manner that respects the employee’s rights, fulfills the employer’s duty to inquire where appropriate, and also protects the organization moving forward. I would like to ensure we approach the conversation in a way that is both legally sound and supportive of the employee, should there be an underlying issue requiring accommodation.
Thank you.
Hi Aleesha,
I appreciate you reaching out to us. Situations involving alcohol use in the workplace are generally handled as a combination of HR, workplace safety, and organizational policy considerations. The appropriate response can vary depending on factors like the nature of the role, safety risks, company policies, and any applicable employment or human rights obligations.
Because of those variables, it’s important that these situations are assessed based on your organization’s policies and in consultation with a qualified HR professional or legal advisor, especially if there are potential safety concerns or disciplinary implications.
From a general best-practice perspective, employers should ensure they have clear policies in place regarding impairment at work and follow consistent, documented procedures when concerns arise.
If you don’t currently have HR support, this may be a good time to consult with an HR professional to ensure you’re handling the situation appropriately and compliantly. You have submitted quite a few inquiries over the past couple of months and I want to remind you that I am not a licensed lawyer and this resource is not a suitable replacement for a Human Resources team at your job site.
Let me know if you’re looking for general resources or policy guidance—I’m happy to point you in the right direction.
-HRInsider Staff
-
AuthorPosts
- You must be logged in to reply to this topic.