Addicted worker’s breach of last chance agreement not the end

Keeping worker employed in safety sensitive position would be undue hardship, but there were other possibilities for worker after multiple relapses
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 11/26/2014

Last chance agreements can be benefitical to both the employer and the employee. For the employer, they can protect its business and workplace by providing a definite cause for dismissal if a troublesome worker repeats past misconduct. For the employee, it can give another chance to keep her job following misconduct that might otherwise get her fired.

However, last chance agreements aren’t always black-and-white, especially when the misconduct in question is related to a disability such as alcohol addiction. Regardless of the language of such an agreement, it doesn’t trump human rights legislation. If an employer would normally have a duty to accommodate an employee with a disability related to misconduct, that doesn’t change if the employee is on a last chance agreement.