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Emplo
y
ment Law Today
Canad ad a ian
www.employmentlawtoday.com
March 14, 2018
Court of Appeal fi nds intent
not key to drug policy violation
Dismissal for possessing marijuana at work had been overturned because
he didn't know he had drug, but appeal court found he should have known
BY JEFFREY R. SMITH
A NEWFOUNDLAND and Labrador oil
rig company has won its appeal uphold-
ing the dismissal of a worker for possessing
marijuana at work that was originally over-
turned because the worker didn't intend to
bring the drug to work.
e worker worked for Magna Services
Limited, an oil well equipment and supplies
company based in St. John's, N.L. He worked
on an on-call basis and his job involved trav-
elling to off shore oil production installations
upon which Magna provided its products
and services.
Because the working environment on off -
shore oil rigs was hazardous, Magna — like
other companies in the industry — prohib-
ited illegal drugs or alcohol in off shore loca-
tions. It had a zero-tolerance drug and alco-
hol policy that stated "the use, possession, or
distribution of an illegal drug, or drug para-
phernalia by an employee while on company
facility or while performing company busi-
Employer's just-cause argument
can't cover up anti-union animus
Employer had concerns with worker's performance but didn't raise any
major issues before dismissing him shortly after learning of union organizing
BY JEFFREY R. SMITH
A BRITISH COLUMBIA worker's dis-
missal for poor performance has been over-
turned by the B.C. Labour Relations Board
after it found the worker's union organizing
eff orts played a partial role in the termina-
tion decision.
Gary Mechar was a professional cook
who responded to an online advertisement
for a full-time line cook placed by the Fox'n
Hounds pub in Kamloops, B.C. Mechar had
held two previous jobs in the restaurant in-
dustry and his resume stated he had experi-
ence as a line cook and other positions where
he had hired, trained, and fi red staff , man-
aged food costing controls and inventory,
oversaw catering and special orders, and
performed all accounting functions.
e Fox'n Hounds management team
liked Mechar's experience and, following
Employer gets out of 7-year
contract but must still provide
reasonable notice pg. 3
Employee breached fi duciary duty
when he drew up own contract
Ontario company cleared of charges
following fatal accident pg. 2
Process leading to accident had no
accepted standard but company had regular
safety meetings and equipment
Stress from management mornings not a
mental disability pg. 4
Complaints about performance and
meetings about them caused her stress but
no evidence of disability
EMPLOYEE on page 6 »
POSSESSION
on page 7 »
CREDIT:
VOLODYMYR
GOINYK/SHUTTERSTOCK