With the talks of marijuana being further deregulated by the
government, it will be more accessible to employees, and it might
soon be an issue in British Columbia workplaces. Cannabis is
consumed in different manners (including in the form known as
marijuana), and how employers manage cannabis use by employees may
determine whether they will face
wrongful termination lawsuits. The details of imminent
legislation to allow cannabis use will have to be carefully studied
by employers to avoid the costs of such litigation.
In 2015, an employee of a logging company smoked marijuana
during his breaks for pain relief as part of his management of pain
caused by cancer. However, he failed to disclose this to his
employer, and when marijuana was found in his truck after a
collision with a moose, he was fired. The worker regarded this as
wrongful termination and filed a complaint alleging human rights
violations. In a subsequent lawsuit, the employer contended that
the