Pubdate: Fri, 21 Feb 2014
Source: Chronicle Herald (CN NS)
Copyright: 2014 The Halifax Herald Limited
Contact:  http://www.herald.ns.ca/
Details: http://www.mapinc.org/media/180

HRM BARRED FROM FIRING POT-USING WORKER

Halifax Regional Municipality has lost its bid to fire a worker 
accused of pot smoking.

The Nova Scotia Appeal Court upheld a lower-court ruling that stemmed 
from an arbitrator's decision to reinstate the man. The Appeal Court 
panel's written decision was released Friday.

"It is clear that the employer was making up policy or rules as the 
case proceeded," Justice Ted Scanlan wrote in the decision.

The municipality fired the worker, identified in the decision as Mr. 
Jeffrey, in early 2012, the ruling said.

He had been suspended and then placed on paid leave after a 
supervisor reported smelling marijuana in a city truck in which two 
workers were sitting. The man suspected of using pot was fired for 
refusing to co-operate with a substance abuse professional or meet 
with a city official.

He was directed to meet the counsellor after refusing a drug test. He 
told the municipality he used pot for pain relief but didn't produce 
proof, the ruling stated.

The Canadian Union of Public Employees filed a grievance. An 
arbitrator agreed there was no evidence of substance abuse or 
impairment. The municipality sought a judicial review, but Nova 
Scotia Supreme Court Justice Gerald Moir decided the reinstatement 
should stand.

Halifax Regional Municipality has lost its bid to fire a worker 
accused of pot smoking.

The Nova Scotia Appeal Court upheld a lower-court ruling that stemmed 
from an arbitrator's decision to reinstate the man. The Appeal Court 
panel's written decision was released Friday.

"It is clear that the employer was making up policy or rules as the 
case proceeded," Justice Ted Scanlan wrote in the decision.

The municipality fired the worker, identified in the decision as Mr. 
Jeffrey, in early 2012, the ruling said.

He had been suspended and then placed on paid leave after a 
supervisor reported smelling marijuana in a city truck in which two 
workers were sitting. The man suspected of using pot was fired for 
refusing to co-operate with a substance abuse professional or meet 
with a city official.

He was directed to meet the counsellor after refusing a drug test. He 
told the municipality he used pot for pain relief but didn't produce 
proof, the ruling stated.

The Canadian Union of Public Employees filed a grievance. An 
arbitrator agreed there was no evidence of substance abuse or 
impairment. The municipality sought a judicial review, but Nova 
Scotia Supreme Court Justice Gerald Moir decided the reinstatement should stand.
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MAP posted-by: Jay Bergstrom