Canada: Newfoundland case involving employer duty to accommodate medical cannabis sent back to arbitration

1w
1m read
Summary

The International Brotherhood of Electrical Workers initially filed a grievance on behalf of one of its members, who was refused employment by Valard Construction for failing to pass a drug test after disclosing his use of medical cannabis. In arbitration, the company asserted that, while denying employment on the grounds of the employee’s medical cannabis use constituted a case of discrimination prohibited by the Human Rights Act, it was done so due to “good faith occupational qualification” or the ability to work unimpaired. The court chose to remit the case back to the arbitrator for further analysis. While the union noted there were no other positions onsite the employee could have filled, it argued the company still failed to accommodate his disability. Benefits Canada has the latest on a case that’s been in the courts for quite some time now…   The Newfoundland and Labrador Court of Appeal has found a labour arbitrator failed to properly analyze an employer’s efforts to accommodate an employee taking medical cannabis for his chronic pain.

Article Preview

Benefits Canada has the latest on a case that’s been in the courts for quite some time now…

 

The Newfoundland and Labrador Court of Appeal has found a labour arbitrator failed to properly analyze an employer’s efforts to accommodate an employee taking medical cannabis for his chronic pain.

The International Brotherhood of Electrical Workers initially filed a grievance on behalf of one of its members, who was refused employment by Valard Construction for failing to pass a drug test after disclosing his use of medical cannabis. In arbitration, the company asserted that, while denying employment on the grounds of...

Read the full article @ Cannabis Law Report