Maintenance worker fired for smoking marijuana at school

No one saw worker smoking but he was the only one in room where drug was detected
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 02/04/2015

An arbitrator has upheld a Manitoba worker’s dismissal for smoking marijuana on the job, despite the fact the worker was not actually seen using the drug.

The worker, Mark Panagabko, worked in the maintenance department for the Flin Flon, Man., school division with seven years of service. He and other employees were made aware of the school district’s zero-tolerance code of conduct that stated certain behaviour — including using, possessing, or being under the influence of alcohol or illicit drugs —wouldn’t be tolerated.