Employer can’t deduct cost of detailing truck from smoking driver: Adjudicator

Employment standards legislation prevent any deductions for employer losses without consent
|Canadian Employment Law Today|Last Updated: 09/02/2015

A Saskatchewan employer did not have the right to deduct the cost of detailing a truck damaged by the employee’s smoking, despite the employee not initially disputing it, an adjudicator has ruled.

Dennis D’Amour was hired has a truck driver in April 2009 by Moellenbuck Transport, a small trucking company in St. Gregor, Sask. When D’Amour was hired, the company notified him of its no-smoking policy for its trucks. The policy was in place because it had a negative effect on the value of its expensive trucks — two of which it owned and two that Moellenbuck leased — and trucks were considered public service vehicles because they delivered to public places and sometimes carried customers. Also, many truck drivers were non-smokers who didn’t want to drive a truck that smelled of smoke, making it more difficult to hire if smoking was allowed.