No evidence layoff was related to drug and alcohol test refusal

Alberta electrician refused to submit to test

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.

“Had all those employees who refused to take the test been laid off, a direct link might have been established between refusal and layoff,” the panel said. “That was not established. A number of people who refused to take the test were left on the payroll. This clearly supports the … argument that the policy was not implemented because it had given the impression, ‘submit, or be laid off.’”

For more information see:

Decision N2003/02/0344 of the Alberta Human Rights and Citizenship Commission.

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