B.C. arbitrator awards pot-smoking miner his job back

Company had zero-tolerance policy, but arbitrator said company can take steps to accommodate worker
|Canadian Employment Law Today

The British Columbia Arbitration Board has reinstated a worker fired for smoking marijuana at his job site and set the conditions under which he can return to work.

In August, 2004 Mark Gardiner was fired from his job at the Kemess copper and gold mine in northern British Columbia. He had been smoking marijuana in his room at the mine, contrary to the company’s zero-tolerance policy for possessing and consuming drugs or alcohol on site.

Gardiner’s union filed a grievance. It claimed the dismissal violated s. 13 of the province’s