‘But it was due to my addiction’—when is last-minute confession too late?

June 01, 2014 0 COMMENTS

By Kyla Stott-Jess

It is not uncommon for an employee to disclose an addiction only when being terminated for misconduct that may be related to the employee’s substance abuse. The employee then tries to trigger human rights protections due to his or her “disability.” A recent Alberta court decision, Bish v. Elk Valley Coal Corporation, provides a good example of when such a claim may simply be too little, too late, even under Canada’s protective human rights laws. read more…

Better an addict than a thief: disciplining drug- and alcohol-dependent employees

March 24, 2013 0 COMMENTS

By Jennifer M. Shepherd and Hannah Roskey

It’s well established that discrimination against an employee on the basis of a physical or mental disability is prohibited in Canada. Drug or alcohol addictions constitute a “disability” under most human rights legislation such that employers are prohibited from discriminating against employees on the basis of their addictions.

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