Testing positive for marijuana not always cause for termination

Worker claims she ingested the drug unknowingly
|Canadian Labour Reporter|Last Updated: 09/03/2013

After failing a random drug test, a tractor-trailer owner-operator was fired from Canadian National Transportation Limited — but an arbitrator has reversed that decision.

Following the termination, the National Automobile, Aerospace, Transportation and General Workers Union of Canada grieved, arguing the company did not have reasonable cause to conduct the drug test in the first place — and that it violated the worker’s rights under the Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act.

The worker was employed under contract by the CNTL, and as such, was subjected to a random drug screening on Nov. 8, 2012. She failed.