Worker breached last-chance agreement

Unionized worker fired after testing positive for cannabis, cocaine
|Canadian Employment Law Today

This instalment of You Make the Call puts the spotlight on the issue of when drug abuse is an addiction that needs to be accommodated and when it’s not.

Drug addiction is generally recognized as an illness and, therefore, a disability requiring accommodation to the point of undue hardship under human rights legislation. However, drug use, or even periodic drug abuse, is not necessarily drug addiction amounting to an illness or a disability.

So for employers, the key question is whether or not the worker is an addict. If he is, then accommodation of the disability is required.