PM41261516
Employment insurance and work
permit holders PG.4
Foreign workers pay into the EI
program, but eligibility for benefits
when their jobs end isn't automatic
BY JEFFREY R. SMITH
AN ALBERTA company discriminated against a
worker after instituting an assessment and treat-
ment protocol following a "non-negative" drug
test — even though the worker denied he had a
disability related to drug addiction.
The worker was a millwright assembler with
NOV Enerflow ULC, a manufacturer of equipment
for the energy industry based in Calgary. He was
hired in 2010.
The worker enjoyed drinking alcohol and using
drugs in his spare time, but he was conscious of the
fact that his job was safety sensitive. He restricted
his drug and alcohol use to mostly Fridays and
sometimes Saturdays so he could recover in time
to work on Mondays.
Enerflow's drug and alcohol policy stipulated
that a positive test result would result in the em-
ployee being removed from duty and suspended
without pay, and then directed to a substance
abuse professional (SAP) for assessment. The SAP's
recommendations would be considered in deter-
Discrimination against railway
worker partly justified
Requirement for written test was bona fide job requirement
but removal from previous accommodation was discrimination
BY JEFFREY R. SMITH
A CANADIAN Pacific Railway worker with
low literacy due to cognitive impairment
has had mixed results in his claim of
discrimination related to certification
testing.
Ken Kelsh was hired by Canadian Pacific
Railway (CPR) in 1998 to work in its engi-
neering services division, which is respon-
sible for maintenance, repairs and replace-
ment of track, switches, ties, signals and
other railway equipment. Engineering divi-
sion employees work in gangs or crews for
eight to nine months of the year, working
on or beside the tracks. For the remaining
months of the year during the winter season,
June 3, 2020
Good negotiations need faith more
than fear PG.3
5 tips for HR professionals preparing
for a phone call with a lawyer
THE WORKER on page 6 »
CREDIT:
CRAVERS1
iSTOCK
WORKER DENIED on page 7 »
with Tim Mitchell
Ask an Expert PG. 2
First-time temporary layoffs
Improper implementation of drug
policy leads to discrimination
Alberta worker's denial that he had a drug-related disability
didn't exclude him from discrimination protection: Tribunal
