Canadian Employment Law Today

March 14, 2018

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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PM40065782 Emplo y ment Law Today Canad ad a ian 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

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