We are entering a new era with the legalization of marijuana in Canada and how it affects the workplace. As an employer, there is a responsibility to gain knowledge and stay informed on any changes that continue to occur as this evolves.
Smoke yet to clear on marijuana and the workplace
The employer’s decision to terminate was upheld, and although at the time of the accident in that case recreational marijuana use was still illegal, the arbitrator faced the same issues that are relevant today after legalization. “Namely, how do we determine whether there was just cause for dismissal when our tests cannot conclude whether an individual was impaired?”