Terminating a unionized employee for substance abuse in the workplace is tricky, considering the duty to accommodate and the traditional mitigating factors arbitrators will consider when determining whether termination is an appropriate response (length of employment, discipline record, remorse, etc). A recent arbitration decision might bring some comfort to employers. In Vale (Manitoba Operations) v….
In a sweeping remedial decision the Human Rights Tribunal of Ontario (HRTO) has ordered a non-union employee reinstated to employment after a nearly 10 year absence. The case underscores the importance of properly accommodating an employee’s disability related needs and proceeding cautiously when approaching the termination of such an employee.