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Mitigating the Liabilityof Substance Abusein the Workplace
Michael D.A. Ford
October 6, 2003
The Emerging Phenomenon
Make Everyone Pay!
Employers & Unions
“Employers” The Nike decision
On The Human Rights Front
(Unions)
Renaud decision
Canada Safeway decision
Is It A Matter Of Time?
Owner
Contractor
• Unsafe workers
Union
• Union dispatchers
Employee (the “Co-conspirator”)
Legal Confusion Continues
Entrop decision
A checkerboard based on scientific testing methodologies
Entrop used by the Alberta Human Rights Commission
Legal Confusion Continues
Meiorin decision
Rational connection
Good faith
Reasonably necessary
Legal Confusion Continues
Jacknife and Elizabeth Metis Settlement
What Does All Of This Really Mean?
Be pro-active – mitigate your liability
Possible Ways To Reduce Risk
Education and training
EAP
Rehabilitation
Testing
Establish a policy
A Policy Is Helpful…
Cornerstone of an approach
It is more than just testing
Party Sound Social Services (S.C.C.)
“Human Rights Code, which prohibits discriminatory discharges, is an implicit term of all collective agreements. Therefore, a discriminatory discharge of a probationary employee constitutes a violation of the collective agreement and is thus arbitrable.”
Conclusion
Mitigate, however
Do it right!
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