Firing worker for DWI with company truck reasonable: Board

Employee denied having more than a couple of drinks but blew nearly three times the legal limit
|Canadian Employment Law Today

A British Columbia company’s firing of an employee who drove a company truck while intoxicated and got into an accident was reasonable, the B.C. Arbitration Board has ruled. Roy Moore was a foreman for Victoria-based road builder Island Slipform Inc. Island Slipform has a safety policy distributed to employees and communicated in annual classes that requires employees to report accidents and injuries involving company vehicles as soon as possible and prohibits the operation of company equipment or vehicles while under the influence of alcohol or drugs. The policy is clear that a breach could lead to dismissal.

On March 23, 2007, Moore received permission to take the company truck to a funeral. The funeral and reception ran from 2:30 p.m. to 7 p.m. There was an open bar and Moore claimed he had two and possibly three beers.

While heading home around 8:30 p.m., Moore’s truck collided with another car. The other driver was injured and a child was unhurt.