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October 11 2016

Bartender Fired for Smoking Marijuana at Work

"A B.C. bartender has lost his human rights complaint after he was dismissed for smoking marijuana on shift. The employer had a policy that prohibited consumption of drugs or alcohol while on shift. The policy was meant to ensure that employees - including bartenders, who monitored customers ' consumption of alcohol - did not themselves become intoxicated. After being caught smoking marijuana, the employee claimed that he used it for a ""chronic pain condition"". He filed a complaint with the B.C. Human Rights Tribunal against his employer, the executive chef and general manager, and the restaurant owners, claiming that his dismissal was discriminatory because of his ""disability"". The B.C. Human Rights Tribunal concluded that there was no evidence that the employer was aware that the bartender 's marijuana use was related to physical disability. Therefore, the employee had not proven that there was a connection between his disability and his termination. As such, his human rights complaint was dismissed."