Self-identified substance abuser gets last chance

Failure to produce drug test not fatal to case
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 01/28/2011

Fired after he failed to comply with conditions he had agreed to in order to facilitate his return to work following a disciplinary suspension, a self-identified substance abuser grieved his termination.

Employed at a manufacturing plant for 12 years, J.D. (John Doe) was involved in a violent incident at work on March 2, 2010. Though he was not the instigator of the fight, J.D.’s behaviour escalated the confrontation. Both workers were suspended for 10 days.

However, J.D.’s circumstances were viewed in light of his earlier self-disclosure of substance abuse problems — an admission he made two years earlier following a suspension for absenteeism. Treatment and rehabilitation followed that suspension. Concerns about his behaviour, work performance, attendance and productivity continued nevertheless.