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ARTICLE · 18 SEPTEMBER 2024

"A Man's Home Is His Castle" – Privacy Interests And Drug Testing

In an award released April 26, 2024, an Alberta board of arbitration held that, much like the King of England, an employer was forbidden from "crossing the threshold" of an employee's home...

CanadaLitigation, Mediation & Arbitration

The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England cannot enter — all his force dares not cross the threshold of the ruined tenement!

–William Pitt the Elder

In an award released April 26, 2024, an Alberta board of arbitration held that, much like the King of England, an employer was forbidden from "crossing the threshold" of an employee's home to take him to be drug tested.

The grievor was struck by a power pole on the jobsite, because he was too close to the pole as it swung, and broke his ankle badly. He was promptly taken to the hospital and, after being told he needed to return for surgery the next day, was discharged for the night. The grievor's supervisor told him that he would need to get tested for drugs and alcohol and that he would not be allowed to eat or drink anything before the test.

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