Canadian HR Reporter

April 2019 CAN

Canadian HR Reporter is the national journal of human resource management. It features the latest workplace news, HR best practices, employment law commentary and tools and tips for employers to get the most out of their workforce.

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PM40065782 RO9496 THE NATIONAL JOURNAL OF HUMAN RESOURCE MANAGEMENT April 2019 Are you testing for drugs, or for alcohol? Positive results ruled inadmissible in Vancouver arbitration case BY JOHN DUJAY A VANCOUVER employer re- cently found out the hard way that testing an employee for drug impairment on top of alcohol im- pairment — without a reasonable cause to do so — is not allowed. A Vancouver Drydock employ- ee reported for work as a labourer on March 13, 2017, and three co- workers immediately detected the smell of alcohol on the worker, identifi ed as "C.L." He was told during a meeting that he must take a breathalyzer test for alcohol and submit to a urine test for drugs. C.L. was ad- vised if he didn't take the test, he would be fi red. After a positive result came back for cocaine and MDMA (methyl ene dioxy me thamphe t amine, a recreational drug commonly known as ecstasy) — while the al- cohol level came in below the em- ployer's threshold of impairment — C.L. was fi red. e dismissal was later over- turned by an arbitrator after the Marine Workers and Boilermak- ers Industrial Union, Local 1, fi led a grievance. "Even assuming there were suffi cient grounds for the blood- alcohol test, it has not been estab- lished that there were grounds to suspect that the grievor was, or may have been, under the infl u- ence of drugs which would po- tentially or reasonably justify the more intrusive urine test," said arbitrator David McPhillips in his decision. O n March 17, a new fi ve-week parental sharing benefi t aimed at non-birth parents offi cially took eff ect in Canada. e changes mean parents will now receive an ad- ditional fi ve weeks away from work if they opt for the traditional year-long leave, or eight weeks if they choose the 18-month option introduced in 2018. e leave is available to working parents who are eligible for employment insurance (EI) benefi ts. Ap- plicants are required to work 600 hours in the previ- ous year to earn eligibility. To take advantage of the additional time, the couple will need to split the leave to care for their child. e use-it-or-lose-it policy came into eff ect three months earlier than expected, just before the 2019 federal budget was announced. It is available to two-parent families, including adoptive and same-sex couples. ( e 2018 federal budget had announced the change to parental leave directed at non-birth parents.) Parents whose chil- dren are born or adopted after March 17 are eligible for the additional leave. e parental sharing benefi t is separate from the maternity benefi t. Maternity benefi ts of 15 weeks re- main available solely to the pregnant person or birth parent who is away from work. e change was made to help remove barriers that working women have traditionally faced as the pri- mary parent responsible for raising children — allow- ing them to return to work sooner, if they so choose, according to the government. It's an eff ort to promote greater gender equality in the home and workplace, said Josh Bueckert, spokesperson for Employ ment and Socia l Development Canada. " is use-it-or-lose-it approach of the EI Parental Sharing Benefi t is designed to create an incentive for all parents to take some leave when welcoming a new child, and to share more equally in the joy and respon- sibility of raising their children," he said. "More equitable parental leave may lead to more equitable hiring practices over time, reducing dis- crimination against women by employers and shifting cultural attitudes against men taking parental leave." In 2016 and 2017, 85 per cent of Canadian parental benefi ts claims were made by women. Safety 2.0 for construction in B.C. 'Builders Code' meant to combat harassment, bullying page 3 Stealing drugs at work Ontario nurse reinstated despite stealing narcotics, falsifying records page 5 Quantifying the invisible Alignment between strategy and culture is an imperative for employers in a VUCA world page 12 An employee for Vancouver Drydock, a shipyard of Seaspan, was improperly tested for both alcohol and drug impairment, according to an arbitrator. page 21 7 ways to build up culture Metrics, rituals and growth hacks can all help build up a high-performance environment Credit: DGLimages (Shutterstock) More equitable parental leave may lead to more equitable hiring practices, according to a federal government spokesperson. INCOME > pg. 8 EMPLOYEE'S > pg. 10 PARENTAL SHARING BENEFIT COMES INTO PLAY Leave may challenge employers in backfi lling for shorter stints: Experts BY MARCEL VANDER WIER STAY UP TO DATE, AND OUT OF COURT. Credit: Google Street View

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