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In 2013, the Supreme Court of Canada confirmed that, before employees in safety sensitive positions can be subjected to random drug and alcohol testing, it must be established that there is a general problem of substance abuse in the workplace (see our article summarizing that decision here). But what evidence is relevant to this inquiry? Should the employer consider its entire industry, its particular worksites, or just the employees in a particular bargaining unit?
Continue Reading Alberta Court of Appeal Weighs in on Evidence Supporting Random Testing

In the recent decision of Humber River Regional Hospital and Ontario Nurses Association (“ONA”) (Cherubino Grievance), an Ontario arbitrator dismissed the union’s grievance alleging harassment by a supervisor and found that neither management duties nor the employer’s internal investigation process should be held to a standard of perfection.
Continue Reading Management Duties and Complaint Investigations: Perfection Not Required