A worker who carelessly moved a heavy toolbox with a forklift
causing it to fall and break was correct to immediately report the
incident; however, he refused to submit to a drug and alcohol
testing. According to the company's Drug and Alcohol Policy, a
worker may be asked, based on reasonable grounds, to submit to drug
and alcohol testing following an incident.
The worker underwent drug and alcohol testing the following day.
His test results were diluted and inconclusive. Two days of testing
followed. At the lab, the worker's behaviour was abusive,
obnoxious, aggressive and offensive.
The worker acknowledged that he set out to sabotage the test
results. The arbitrator had no difficulty in finding that no
company should have to tolerate the type of conduct displayed by
the worker. The worker destroyed the trust and respect which is
essential in an employment relationship. Not only was some
discipline warranted for the worker's carelessness in moving
the toolbox, but his insolent and insubordinate behaviour following
the incident by refusing immediate testing in addition to his
behaviour at the lab justified the termination of his
FMC is one of Canada's leading business and litigation law
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located in the country's key business centres. We focus on
providing outstanding service and value to our clients, and we
strive to excel as a workplace of choice for our people. Regardless
of where you choose to do business in Canada, our strong team of
professionals possess knowledge and expertise on regional, national
and cross-border matters. FMC's well-earned reputation for
consistently delivering the highest quality legal services and
counsel to our clients is complemented by an ongoing commitment to
diversity and inclusion to broaden our insight and perspective on
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Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
A former teacher at Bodwell High School has learned a valuable lesson from the B.C. Human Rights Tribunal— it is not discriminatory for an employer to offer child-related benefits to only employees with children.
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