The HR Space: How Far-Reaching Will The Irving Pulp & Paper Decision Be

The HR Space is edited by Louise Béchamp, Karen M. Sargeant and Brian P. Smeenk

Recently, we told you about the recent decision in Irving Pulp & Paper  (PDF), where the Supreme Court of Canada severely limited an employer's right to perform random alcohol and drug testing in the workplace. The implications of the Irving decision will undoubtedly be far-reaching, including on two prominent cases currently being heard by arbitrators in Alberta and British Columbia which deal with random drug testing - Suncor Energy and Teck (Coal).

Suncor Energy Case

Suncor signed on to a "pilot project" intended to allow for random drug and alcohol testing of oilsands workers in safety sensitive positions. In July 2012, the CEP, the union representing affected workers, filed a grievance challenging Suncor's plans to implement random drug testing. When Suncor subsequently advised that it intended to proceed with the testing in the face of the grievance, the union headed off to