February



CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
Profile Image Verifile
February 4, 2016
Blog Article Image

Medicinal Marijuana Ruling Affects Employers

A landmark ruling involving medicinal marijuana makes it even more difficult for employers to enforce drug-related policies and to accommodate employees to ensure compliance with human rights legislation, says employment lawyer Gabriel Granatstein.
 
The Supreme Court of Canada's ruling allows Health Canada's medical marijuana program to include edible or topical cannabis products, so employees who are medically authorized to use marijuana can ingest such products as cannabis-based teas or baked goods.
 
While Canadians are still not legally entitled to consume marijuana in the workplace, Granatstein said, the ruling confirms that the prohibition cannot be applied without nuance. An employer can take disciplinary action if marijuana use negatively affects an employee's conduct, but this is harder to gauge if the employee can ingest doses of marijuana similar to traditional prescription pharmaceuticals.

Read More
CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
Profile Image Verifile
February 4, 2016
Blog Article Image

Substance Use And The Workplace: More Considerations For Employer Accommodation Strategies

The protections afforded by human rights legislation to employees with substance dependency issues creates a unique challenge for employers that must balance employee rights with workplace safety issues, and both courts and administrative bodies continue to wrestle with new issues in this area.

The Alberta Court of Appeal released its decision in Stewart v. Elk Valley Coal Corporation. Stewart has widely been considered good news for employers, particularly those who rely on policies that require employee disclosure of drug use and dependency problems.

In Stewart, the Court upheld a finding that an employer had not discriminated against an employee who had a cocaine dependency. A decision like this emphasizes the importance of ensuring that substance use policies provide clear and appropriate steps to accommodate those with various types of substance use issues.

Read More
CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
Profile Image Verifile
February 4, 2016
Blog Article Image

Medicinal Marihuana In The Workplace

Over the years, workplaces all over Canada have seen many different issues, in particular regarding smoking and narcotic prescription drugs.

The most recent issue workplaces are struggling with is medicinal marihuana. Marihuana is scarcely viewed as a medicine, which is the biggest issue. It's the employer's responsibility to accommodate both the user and the rest of the employees in compliance with the Human Rights Code. The Code states that disabled employees must be accommodated in the workplace.

It may seem troublesome, but in the end, if you were to put yourself in the shoes of the employee using the medicinal marihuana, it means a lot, it's also the law.

Read More