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ARTICLE · 16 APRIL 2026

Driving While Intoxicated At Work: Serious Misconduct Versus The Duty To Accommodate

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In a recent decision, the Superior Court (the “Court”) set aside an arbitration award after finding that a transport company (the “Employer”) had lawfully dismissed a commercial freight truck driver for driving while intoxicated and causing a serious accident. In the Court’s view, despite the driver’s disability due to alcohol addiction, her dismissal did not breach the Employer’s duty to provide reasonable accommodation.

CanadaEmployment and HR
Janouk Charbonneau
Janouk Charbonneau
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In a recent decision,1 the Superior Court (the “Court”) set aside an arbitration award after finding that a transport company (the “Employer”) had lawfully dismissed a commercial freight truck driver for driving while intoxicated and causing a serious accident. In the Court’s view, despite the driver’s disability due to alcohol addiction, her dismissal did not breach the Employer’s duty to provide reasonable accommodation.

Background

On June 30, 2022, a commercial truck driver (the “Complainant”), who was a union representative with 24 years of service with the Employer, was involved in a traffic accident in the United States while driving a loaded 53-foot tractor-trailer. During her working hours preceding the accident, she consumed between 9 and 12 beers. When tested, her blood alcohol concentration measured 0.18 mg per 100 mL of blood, which was more than twice the legal limit. Although no one was injured, the accident caused extensive damage to the vehicle and raised serious

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