Drugs & Alcohol
CP Railway CEO says company will challenge arbitrator’s order to reinstate "cocaine-using" locomotive engineer
Here's an interesting news release that Canadian Pacific Railway Limited issued on July 16, 2014 concerning an arbitrator's decision to order an employee re-instated:
Canadian Pacific Railway Limited (TSX/NYSE: CP) announced today it will be asking the Superior Court of Quebec to stay a July 14, 2014 decision by the Canadian Railway Office of Arbitration (CROA), which ruled a locomotive engineer, who consumed cocaine at a time and of a quantity which could impact his duties, must be reinstated.
CP also announced it will be appealing the agency's order to the Superior Court of Quebec asking it to overturn the decision. read more »
The law firm of Cassels Brock & Blackwell has issued their, "Top 10 Employment And Labour Law Cases In 2013".
The cases on their list are set below. Note: the summaries with the cases are mostly my word-for-word cut and paste's from the original article:
1. Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd., 2013 SCC 34
The Supreme Court of Canada ruled that random alcohol testing in the workplace is prohibited unless the employer can prove that, in addition to having a dangerous workplace, there are other pressing factors such as an overt substance abuse problem in the workplace.
2. Pate Estate v. Harvey (Township), 2013 ONCA 669
The Ontario Court of Appeal agreed that the Township employer had severely mistreated the dismissed employee, but reduced the punitive damages award from $550,000 to $450,000. read more »
In Gulick v. Ottawa Police Service, 2012 ONSC 5536, the Ontario Superior court confirmed that an employee with "anger management issues" was not disabled for the purposes of the Ontario Human Rights Code and thus not entitled to accommodation.
Specifically, the court stated the following in this case, which involved the dismissal of a police officer:
 While the incident giving rise to the disciplinary hearing did involve
some consumption of alcohol and medications, the Hearing Officer found as a
fact that the incident was triggered by anger management issues with which the
applicant had been struggling for several years. The Hearing Officer found
that alcohol was, at most, an exacerbating factor. We are not aware of any
jurisprudence which has established that anger management issues will support a
finding of disability. read more »