No evidence layoff was related to drug and alcohol test refusal

Alberta electrician refused to submit to test
|Canadian Employment Law Today

An electrician in Alberta who claimed he was laid off because he refused to submit to workplace drug and alcohol tests has lost his case before a human rights panel. Aaron Grey claimed he had been dismissed after refusing to submit to a workplace drug and alcohol test. But the employer said the dismissal had nothing to do with the refusal and was related to a work shortage.

The employer pointed out that Grey was one of 52 workers laid off due to the work shortage, and that the lay offs were made pursuant to the collective agreement. Furthermore, workers who had submitted to the drug test were among those laid off.

The human rights panel dismissed the claim. It said there was simply no evidence of discrimination.