Addiction | MacLeod Law Firm

Arbitration Update: Employee with an Addiction Who Stole Narcotics is Reinstated

MacLeod Law Firm — Tue, 05 Feb 2019 18:52:31 +0000

In a 2019 arbitration case, a Registered Nurse who was terminated for stealing narcotics and falsifying records was ordered reinstated to her job at a nursing home and awarded compensation because the nurse had a disability. The nurse and her union acknowledged that the nurse’s actions were at the highest level of misconduct for someone in her position and amounted to just cause for termination.

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Addiction, Human Rights and Employment

Nicole Simes — Mon, 10 Aug 2015 19:59:29 +0000

A decision sheds light on the interaction between human rights, addiction, and health and safety. The Decision The Alberta Court of Appeal upheld the termination for cause of an employee who suffered from an addition to cocaine. In that case, the employer had a policy in place where an employee could disclose his or her addiction before a “significant event,” like a workplace accident…

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Do employers need to accommodate employees who smoke?

Nicole Simes — Mon, 06 Jul 2015 17:34:05 +0000

In a blog last year, we addressed the issue of whether smoking was a disability and the relationship between smoking and employee human rights. To date, we have not yet seen a human rights decision specifically address smoking as a disability. However, a recent arbitration decision under the Ontario Labour Relations Act considers the rights of employees who are smokers. In…

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