Employer’s Duty to Inquire

McNish v. Electronics Boutique Canada and others, 2017 BCHRT 32 (“McNish”) a decision earlier this year by the BC Human Rights Tribunal on an application to dismiss, illustrates an employer’s duty to inquire about the need for accommodation, when it...

Cocaine addiction not a bar to dismissal

In its recently released decision of Stewart v. Elk Valley Coal Corp, 2017 SCC 30, the Supreme Court of Canada held that an employer had cause to dismiss Ian Stewart, a mine worker, who tested positive for cocaine. Background Information Elk Valley Coal Corp. operated...