Canadian Employment Law Today

March 10, 2021

Focuses on human resources law from a business perspective, featuring news and cases from the courts, in-depth articles on legal trends and insights from top employment lawyers across Canada.

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PM41261516 14 key developments in 2020 PG.4 A rundown of notable employment and labour law changes from the past year A NEWFOUNDLAND and Labrador-based company discriminated against a worker with a medical marijuana prescription that it identified as a potential risk at a safety-sensitive site after the worker had a "non-negative" drug test result, the Newfoundland and Labrador Board of Inquiry has ruled. Matthew Maharajh was a registered nurse who was diagnosed with bone cancer of the spine in 1999. In addition to two surgeries, Maharajh had been treated with various types of pain medication and in 2013 was prescribed medical marijuana for his chronic pain, insomnia and anorexia. In the summer of 2014, Maharahj applied for a job with Atlantic Offshore Medical Services (AOMS), a supplier of industrial medical services and medical personnel to remote worksites based in St. John's. AMOS offered him the position of senior occupa - tional health nurse at an oilsands project in Alberta and asked him to participate in training and com- plete a pre-employment drug screen. Maharajh came to the AOMS offices and, before submitting a urine sample for the drug test, advised that he had a medical marijuana prescription for A BRITISH Columbia employer must pay $167,000 to a former executive it fired with false accusations of fraud and theft. Central City Brewers & Distillers operates a brewery, restaurant and liquor store in Surrey, B.C. It hired Daryl Hrynkiw, 58, in March 2012 as a controller as it was expanding its operations and planning on moving the brewery to a new building. In Hrynkiw's initial job interview, Central City's president and CEO said he couldn't match the salary Hrynkiw earned in his previ - ous position, but there would be opportunities for future growth as it expanded the business. At a second interview, Hrynkiw said the start- ing salary was much less than what he wished to earn and the CEO once again mentioned the March 10, 2021 Ontario exec's termination clause invalid due to potential breach of statutory minimums PG.3 Employee received more than his statutory entitlement for without-cause dismissal, but it wouldn't have been enough if his employment had lasted longer CEO DENIED on page 6 » CREDIT: THIAGO SANTOS iSTOCK CREDIT: UMSASEDGARS iSTOCK WORKER DENIED on page 7 » with Stuart Rudner Worker with medical marijuana prescription discriminated against Newfoundland and Labrador company should have conducted fitness-to-work assessment on duties of specific position Ask an Expert PG. 2 Misconduct by both complainant and accused Fired brewery exec gets $167,000 for bad-faith wrongful dismissal Company claimed just cause with false allegations of fraud and theft; award includes $35,000 in aggravated damages BY JEFFREY R. SMITH BY JEFFREY R. SMITH

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