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. - --- MAP posted-by: Jay Bergstrom