Ordering drug test OK; dismissal after positive test not

Test didn't prove worker was intoxicated at work
|Canadian Employment Law Today|Last Updated: 05/13/2015

An arbitrator has determined the Canadian Pacific Railway (CP Rail) was entitled to order a substance test of a worker following an incident for which the worker wasn’t at fault, but shouldn’t have dismissed the worker after he tested positive for marijuana.

Ron Schotts, 50, was a locomotive engineer for CP Rail in Cranbrook, B.C. Through 29 years of service with CP Rail, Schotts had one instance of discipline on his record — a violation of one of the railway’s cardinal rules in December 2011.