In the recent decision of Lower Churchill Transmission
Construction Employers' Association and IBEW, Local
1620, arbitrator John Roil, QC, dismissed a grievance
where an employer, Valard Construction LP (the
"Employer") refused to hire an employee
using medical cannabis, on the basis of undue hardship.
Background
The Grievor applied for the position of Utility Person on the
Churchill project with the Employer. The Grievor used medical
cannabis to manage pain relating to osteoarthritis and Crohn's
Disease. The medical cannabis had been prescribed by the
Grievor's physician after attempts at treating his pain with
conventional treatments had been unsuccessful. The Grievor ingested
1.5 grams of cannabis at a THC level of less than 20% each evening,
through vaporization.
