Pubdate: Wed, 29 Jun 2016
Source: Vancouver 24hours (CN BC)
Copyright: 2016 Vancouver 24 hrs.
Contact: http://vancouver.24hrs.ca/letters
Website: http://vancouver.24hrs.ca/
Details: http://www.mapinc.org/media/3837
Author: Eric MacKenzie
Page: 4

MEDICAL MARIJUANA SMOKER LOSES CASE ON FIRING

A bartender who claimed he was fired for smoking marijuana while on
shift has had his complaint dismissed by the B.C. Human Rights Tribunal.

Darin Burton alleged that the owners of Tugboat Annie's Pub
discriminated against him on the basis of physical disability, as he
consumes cannabis to treat pain associated with degenerative disc disease.

However, tribunal member Norman Trerise preferred the submissions made
by the respondents, stating "there appears to be no evidence that the
respondents were aware that Mr. Burton's consumption of marijuana was
related to a physical disability."

Burton argued that pub management was aware of his condition from the
time of his hiring in 2012 and the fact that he smoked marijuana daily
to manage symptoms. Both sides agreed Burton and his boss had used
marijuana together previously after work, which was not a violation of
the pub's rules against drug use because it took place off shift.

Tugboat Annie's terminated Burton's employment two days after his boss
said he observed him using what appeared to be a vaporizer while on
shift.

However, the respondents said the decision to fire Burton was made by
owner Gary McPhail before being told of the suspected weed-smoking at
work, and rather was on the grounds of "poor work performance and attitude."

Burton was unable to prove management knew of his diagnosis or that he
held a prescription for medicinal marijuana use. Although he was able
to produce medical notes confirming his condition and a doctor's
recommendation of up to two grams of cannabis use daily to manage
symptoms, they were dated for the days and weeks following his
termination.

"The material presented by Mr. Burton only supports that his
degenerative disc disease was diagnosed two days after the
termination," wrote Trerise.
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MAP posted-by: Matt