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The Alberta Court of Queen s Bench has recently issued a decision that provides guidance regarding the contractual right of a non-unionized employer to implement randomized drug and alcohol testing.
In
Phillips v Westcan, 2020 ABQB 764, the Alberta Court of Queen s Bench upheld a non-unionized employer s use of random drug and alcohol testing in Alberta for safety sensitive positions.
The employee, Mr. Phillips, was employed as a long haul truck driver to transport dangerous goods. The nature of Mr. Phillips duties meant that he usually worked remotely and without supervision.
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Alberta Court of Queen s Bench finds Random Drug and
Alcohol Testing Clause to be Enforceable.
Employers will have welcome news from the recent decision of
., where the Alberta Court of Queen s
Bench (the Court ) held that random drug and alcohol
testing is permissible if there is an express provision in an
employment agreement to do so. Further, the Court held that
in the absence of such a provision, the employer still would have
been justified in unilaterally imposing random drug and alcohol
testing because of the dangerous, remote and unsupervised nature of
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La Cour du banc de la Reine de l Alberta juge que la
clause relative au dépistage aléatoire de drogues et
d alcool est exécutoire.
Ce billet est disponible en anglais
seulement.
Alberta Court of Queen s Bench finds Random Drug and
Alcohol Testing Clause to be Enforceable.
Employers will have welcome news from the recent decision of
., where the Alberta
Court of Queen s Bench (the Court ) held that random
drug and alcohol testing is permissible if there is an express
provision in an employment agreement to do so. Further, the
Christian Labour Association of Canada v Caressant Care
Nursing & Retirement Homes
(
Caressant )
An Ontario arbitrator recently dismissed a grievance challenging
a policy which required all staff of a retirement home to undergo
COVID-19 testing every two weeks. The retirement home provides care
and services to residents who can live independently with minimal
to moderate support.
The COVID-19 Testing Policy
All employees were required to be
tested for COVID-19 every two weeks by nasal swab.
Staff that participated in the
testing were paid for one hour of work and parking fees were waived
at the hospital.
Medical accommodations were addressed
on a case-by-case basis.
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Un employeur peut-il exiger de ses employés
qu ils se fassent vacciner contre la COVID-19 comme condition
de maintien de leur emploi? Voilà la dernière
question d une série d importantes questions
juridiques liées à la pandémie de COVID-19.
Même si la question de la vaccination obligatoire suscite
déjà l intérêt des médias, elle
n a pas encore été tranchée de
façon concluante en contexte judiciaire au
Canada.
Une traduction de ce billet sera disponible
prochainement.
Whether an employer can require its employees to be