Canadian Employment Law Today

June 3, 2020

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 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

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