HUMAN Capital - Winter 2017 - 23

unit safety and bargaining unit substance
abuse problems. Irving calls for a more
holistic inquiry into drug and alcohol
problems within the workplace generally,
instead of demanding evidence unique to
the workers who will be directly affected
by the arbitration decision.
The Court of Appeal concluded that the
arbitration panel unreasonably narrowed
the evidence, such that it effectively asked
the wrong question and applied the
wrong legal test. Ultimately, the Court of
Appeal dismissed the appeal and affirmed
the Court of Queen's Bench's decision
to remit the matter for a new arbitration.
This decision affirms that evidence specific to unionized employees is not necessary to implement random alcohol and
drug testing policies - such a requirement
would set the evidentiary bar too high.
Rather, employers can take a more holistic
inquiry into drug and alcohol problems
within the workplace generally. That said,
the Court of Appeal clearly stated that
there may be cases in which it is appropriate to distinguish between the evidence
of substance abuse by unionized and
non-unionized employees. Presumably,
such an occasion would arise where there
was evidence that suggested drug and
alcohol use within the bargaining unit
was significantly different than that in the
broader workforce.

Although this development may be seen as
a widening of the door regarding random
drug and alcohol testing, extreme care
and caution should always be exercised
in implementing such a program. While the
upcoming changes to Canada's regulations
of cannabis may lead some employers to
lean towards random testing, this decision
makes it clear that such an approach must
still be based on evidence of a problem
and of a need to correct it.
O
Taylor Woolsey is a Calgary-based lawyer whose practice focuses on labour and
employment law, general litigation and insurance litigation. Her clients include individual
employees, employers, unions, and small to
mid-sized corporations across a wide variety
of industries. Taylor has experience advising
clients on a variety of labour and employment
issues, including discipline and termination,
drafting employment agreements and policies,
employment standards compliance and complaints, workplace human rights, and benefit
and pension administration and claims.

Rising premiums
for employee
health & dental
benefits getting
you down?
Have you considered
fixed price alternatives
to insured plans?
A Private Health
Services Plan (PHSP)
lets you pre-determine
the annual costs,
so you can budget
confidently into
the future.

This article has been published with the permission of Field Law, and may be republished only
with the consent of Field Law.
"Field Law" is a registered trademark of
Field LLP.

Reference

1. See: Suncor Energy Inc v Unifor Local 707A, 2014
Carswell 457, Alta. Arb., March 18, 2014.

239 Midpark Way, Suite 210,
Calgary, Alberta, T2X 1M2
Toll Free: 1-866-959-7483
Email: info@BrockHealth.ca

www.BrockHealth.ca
804526_Funds.indd 1

HUMAN
CAPITAL
3/31/16 4:26
PM
836553_Brock.indd
1

| WINTER 2017
| 23
04/10/16
8:28 pm


http://www.brockhealth.ca http://www.fasadmin.com http://www.fasadmin.com http://www.BrockHealth.ca

Table of Contents for the Digital Edition of HUMAN Capital - Winter 2017

Leadership Matters
Prepare for Policy Revision
What You Need to Know About Bill 17 and Your Benefit Plans
Federally Regulated Employers Be Cautious – Important Change in Law Issued by Supreme Court of Canada
What Evidence is Required?
Policy Corner
Index of Advertisers/ Advertisers.com
HUMAN Capital - Winter 2017 - Intro
HUMAN Capital - Winter 2017 - bellyband1
HUMAN Capital - Winter 2017 - bellyband2
HUMAN Capital - Winter 2017 - cover1
HUMAN Capital - Winter 2017 - cover2
HUMAN Capital - Winter 2017 - 3
HUMAN Capital - Winter 2017 - 4
HUMAN Capital - Winter 2017 - 5
HUMAN Capital - Winter 2017 - Leadership Matters
HUMAN Capital - Winter 2017 - 7
HUMAN Capital - Winter 2017 - 8
HUMAN Capital - Winter 2017 - 9
HUMAN Capital - Winter 2017 - 10
HUMAN Capital - Winter 2017 - 11
HUMAN Capital - Winter 2017 - 12
HUMAN Capital - Winter 2017 - 13
HUMAN Capital - Winter 2017 - Prepare for Policy Revision
HUMAN Capital - Winter 2017 - 15
HUMAN Capital - Winter 2017 - 16
HUMAN Capital - Winter 2017 - 17
HUMAN Capital - Winter 2017 - What You Need to Know About Bill 17 and Your Benefit Plans
HUMAN Capital - Winter 2017 - 19
HUMAN Capital - Winter 2017 - Federally Regulated Employers Be Cautious – Important Change in Law Issued by Supreme Court of Canada
HUMAN Capital - Winter 2017 - 21
HUMAN Capital - Winter 2017 - What Evidence is Required?
HUMAN Capital - Winter 2017 - 23
HUMAN Capital - Winter 2017 - Policy Corner
HUMAN Capital - Winter 2017 - 25
HUMAN Capital - Winter 2017 - Index of Advertisers/ Advertisers.com
HUMAN Capital - Winter 2017 - cover3
HUMAN Capital - Winter 2017 - cover4
HUMAN Capital - Winter 2017 - outsert1
HUMAN Capital - Winter 2017 - outsert2
HUMAN Capital - Winter 2017 - 31
HUMAN Capital - Winter 2017 - 32
HUMAN Capital - Winter 2017 - 33
HUMAN Capital - Winter 2017 - 34
HUMAN Capital - Winter 2017 - 35
HUMAN Capital - Winter 2017 - 36
HUMAN Capital - Winter 2017 - 37
HUMAN Capital - Winter 2017 - 38
https://www.nxtbook.com/naylor/HRIQ/HRIQ0318
https://www.nxtbook.com/naylor/HRIQ/HRIQ0218
https://www.nxtbook.com/naylor/HRIQ/HRIQ0118
https://www.nxtbook.com/naylor/HRIQ/HRIQ0417
https://www.nxtbook.com/naylor/HRIQ/HRIQ0317
https://www.nxtbook.com/naylor/HRIQ/HRIQ0217
https://www.nxtbook.com/naylor/HRIQ/HRIQ0117
https://www.nxtbook.com/naylor/HRIQ/HRIQ0416
https://www.nxtbook.com/naylor/HRIQ/HRIQ0316
https://www.nxtbook.com/naylor/HRIQ/HRIQ0216
https://www.nxtbook.com/naylor/HRIQ/HRIQ0116
https://www.nxtbook.com/naylor/HRIQ/HRIQ0415
https://www.nxtbook.com/naylor/HRIQ/HRIQ0315
https://www.nxtbook.com/naylor/HRIQ/HRIQ0215
https://www.nxtbook.com/naylor/HRIQ/HRIQ0115
https://www.nxtbook.com/naylor/HRIQ/HRIQ0414
https://www.nxtbook.com/naylor/HRIQ/HRIQ0314
https://www.nxtbook.com/naylor/HRIQ/HRIQ0214
https://www.nxtbook.com/naylor/HRIQ/HRIQ0114
https://www.nxtbook.com/naylor/HRIQ/HRIQ0413
https://www.nxtbook.com/naylor/HRIQ/HRIQ0313
https://www.nxtbook.com/naylor/HRIQ/HRIQ0213
https://www.nxtbook.com/naylor/HRIQ/HRIQ0113
https://www.nxtbook.com/nxtbooks/naylor/HRIQ0412
https://www.nxtbook.com/nxtbooks/naylor/HRIQ0312
https://www.nxtbook.com/nxtbooks/naylor/HRIQ0212
https://www.nxtbook.com/nxtbooks/naylor/HRIQ0112
https://www.nxtbook.com/nxtbooks/naylor/HRIQ0411
https://www.nxtbook.com/nxtbooks/naylor/HRIQ0311
https://www.nxtbook.com/nxtbooks/naylor/HRIQ0211
https://www.nxtbook.com/nxtbooks/naylor/HRIQ0111
https://www.nxtbook.com/nxtbooks/naylor/HRIQ0410
https://www.nxtbook.com/nxtbooks/naylor/HRIQ0310
https://www.nxtbook.com/nxtbooks/naylor/HRIQ0210
https://www.nxtbook.com/nxtbooks/naylor/HRIQ0110
https://www.nxtbook.com/nxtbooks/naylor/HRIQ0409
https://www.nxtbook.com/nxtbooks/naylor/HRIQ0309
https://www.nxtbook.com/nxtbooks/naylor/HRIQ0209
https://www.nxtbook.com/nxtbooks/naylor/HRIQ0109
https://www.nxtbookmedia.com