In a recent decision of the Alberta Court of Appeal, Stewart v. Elk Valley Coal Corp., 2015 ABCA 225, it was held that the termination of an employee who tested positive for cocaine in a post-incident drug test was not discriminatory.
In June 2013, the Supreme Court of Canada weighed in on the issue of random alcohol testing in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd, 2013 SCC 34 (“Irving”). Following the Supreme Court’s ruling, the Alberta Arbitration Board (the “Board”) recently issued a decision concerning the random drug and alcohol testing policy of Suncor Energy Inc., Oil Sands (“Suncor”). The union in this case, Unifor Local 707A, (“Unifor”) represents over 3,000 employees at Suncor’s oil sands operation in Fort McMurray, Alberta.
Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper Ltd., 2013 SCC 34
On June 14, 2013, the Supreme Court of Canada issued a decision that affirmed the role of alcohol testing in the workplace. The Court upheld the arbitrator’s decision which prohibited the employer’s random alcohol testing policy.
The decision of the Ontario Court of Appeal in Imperial Oil Ltd. v. Communications, Energy & Paperworkers Union of Canada, Local 900,  O.J. No. 2037 [“Imperial”] marks yet another victory for employee privacy rights in the collective bargaining sector.