2015

A human rights adjudicator has ruled a Manitoba woman who was fired for alcohol consumption was discriminated against because she was addicted to alcohol. The adjudicator has ordered the woman to be reinstated, given three years back pay and an additional $10,000 for injury to her dignity and self-respect. The case involves Linda Horrocks, who worked as a healthcare aide. Evidence presented at a human rights board hearing shows Horrocks was frequently absent from work in 2011 and was suspended after being intoxicated on the job. Her employer made Horrocks sign an agreement to abstain from alcohol both on and off the job, and she was fired a year later when she was suspected of drinking outside of work. The adjudicator's ruling says the regional health authority discriminated against Horrocks because it did not accommodate her alcohol addiction or consult with experts about conditions for her returning to work.

In Stewart v Elk Valley Coal Corporation, 2015 ABCA 225, the Alberta Court of Appeal upheld the decision of the Human Rights Tribunal that the termination of a safety sensitive employee involved in a workplace incident while under the influence of cocaine did not constitute discrimination. This decision remains good news for employers. Unlike most Canadian jurisdictions, Alberta employers can still rely on provisions in an alcohol and drug policy that require safety sensitive employees to stop drug use or disclose dependencies in advance of a workplace incident. Employers should carefully examine their alcohol and drug policies to assess whether there are remedial steps to accommodate those with dependency issues before termination becomes the only option.

In a unanimous decision, the Supreme Court of Puerto Rico recently reaffirmed its previous position that an act of aggression by an employee towards a coworker is sufficient to establish just cause for termination under Puerto Rico's Unjustified Dismissal statute, Act No. 80 of May 30, 1978 (Act 80), even when the aggression is a first-time offense. After granting the employer's petition for a writ of certiorari, the Supreme Court of Puerto Rico reversed the appellate court's decision, holding that the termination was supported by just cause. This reasoning was echoed by the concurring opinion, which cautioned that courts should not approach such cases as if they were human resources departments instead of courts of law. Although this case deals with workplace violence, its reasoning may be extrapolated to other serious offenses warranting immediate termination.