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ARTICLE · 26 AUGUST 2016

Alberta Court Confirms And Clarifies Requirements For Random Drug Testing

Roper Greyell LLP
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The majority found that Suncor had failed to meet these requirements. Suncor appealed to the Alberta Court of Queen's Bench.

CanadaEmployment and HR
Christopher Munroe
Christopher Munroe
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Background

In the recent case of Suncor Energy Inc. v. Unifor, Local 707A, 2016 ABQB 269, the Alberta Court of Queen's Bench confirmed and clarified the test that an employer must meet in order to justify the unilateral imposition of random drug and alcohol testing in a unionized workplace. Specifically, the Court confirmed that: (a) an employer has to demonstrate a "general problem" with alcohol and drugs in the workplace, but that problem need not necessarily be "serious" or "significant"; (b) the employer need not demonstrate a threshold causal connection between a drug and alcohol problem and accident history; and (c) evidence of a problem can come from the entire workplace and not just from the bargaining unit.

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