On June 30, 2015, the Court of Appeal of Alberta released its
decision in Stewart v Elk Valley Coal Corporation,
2015 ABCA 225 ("Stewart") and clarifying what
constitutes discrimination.
In Stewart, the employer terminated an employee
following a vehicle collision on the work site where the employee
struck another truck with a loader truck he was operating. The
employee tested positive for consumption of cocaine after the
collision.
The employer had an Alcohol, Illegal Drugs & Medications
Policy (the "Policy") which stated that if an employee
reported drug use before an event, he or she
could seek rehabilitation without discipline or termination. The
Policy also stated that discipline or termination could not be
avoided if an employee sought assistance with their addition
only after an event. Here, the employee had
failed to inform the employer of his cocaine use prior to the
incident. After the incident, Mr. Stewart's employment
was terminated.
