Cannabis In The Workplace And Employer Rights

In a recent decision, Aitchison v L&L Painting and Decorating Ltd., 2018 HRTO 238, the Ontario Human Rights Tribunal (the "Tribunal") upheld the termination of an employee who was using cannabis at work, ostensibly for medical purposes.

Background

The employer was a commercial contractor involved in restoring high-rise buildings. The complainant worked for the employer as a seasonal painter from 2011 – 2015. The complainant suffered from chronic pain in his back and neck as a result of a degenerative disc disease and started using medical cannabis in March 2015 to manage the pain. Before that, he had been self-medicating with cannabis.

In order to perform his job, the complainant worked on a "swing stage" that was suspended outside the building. On the morning of June 18, 2015, the site supervisor saw the complainant smoking cannabis while on the swing stage, which was at a level of 37 floors. The complainant was also not wearing a hard hat and was untethered.