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Canada: Addiction in the workplace: accommodation or termination?

from Mondaq

There has been a consensus among Ontario arbitrators that where a worker's misconduct is connected directly to a disability such as addiction, then termination is not appropriate and the employer should instead accommodate the worker. Workers have been reinstated even where the employer was unaware of the addiction and where the conduct was criminal. Workers are often reinstated with conditions (limited tasks, regular drug testing and disclosure obligations). A recent arbitration decision in Cambridge Memorial Hospital v Ontario Nurses' Association, 2017 CanLII 2305 (ON LA) has challenged this consensus. more

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