Termination upheld for random drug test refusal

The grievor had been accommodated under a last-chance agreement for his addictions. He had passed several random tests, but eventually refused one because his position had not been defined as safety-sensitive. The arbitrator found that the grievor was bound by his agreement to submit to random testing and that the employer had accommodated him to the point of undue hardship.
|Canadian Labour Reporter|Last Updated: 12/05/2011

A transit worker was fired when he refused to submit to a random drug test mandated by the terms of his return-to-work agreement.

The worker said that the test was discriminatory and a violation of his rights under the Human Rights Code because he was no longer in a safety-sensitive position.

The union grieved.