Elk Valley Coal Corporation: Legal Case Study
FACTS Elk Valley Coal Corporation is a mining industry involving high risk worksites. In order to uphold an environment with effective health and safety standards, employers ask that all operators disclose any issues regarding addiction so that incidents can be avoided. If said dependencies were brought to the attention of the employer, further treatment would be provided. Notwithstanding, employees who failed to come forward and were later involved in a work related incident with positive drug tests would be excused from the job. Ian Stewart drove a loader for Elk Valley, and failed to abide by the employers anti-drug policy by using cocaine. When Stewart was party to a workplace accident and tested positive for narcotics, he claimed he had an addiction. Stewart was discharged by his employer, and as a result, went forth with an accusation against Elk Valley, stating that he was dismissed due to a severe addiction, which classified as workplace disability discrimination. …show more content…
The Tribunal found that Stewart was let go due to a breach of Elk Valley’s anti-drug policy, not as a result of his addiction, dismissing his complaint. Furthermore, the Alberta Court of Queen’s Bench and the Alberta Court of Appeal affirmed the verdict. The Supreme Court recognized the fact that accommodating Stewart for his addiction would provoke Elk Valley with undue hardship. As a result, The Court upheld the prior decisions of the Alberta Court of Appeal and Alberta Human Rights Tribunal.
ISSUES Was the termination of Stewart’s employment in violation of his s. 15 rights under the Canadian Charter of Rights and Freedoms?
Is Stewart’s defence of addiction enough to constitute as discrimination under s. 7 of the Alberta Human Rights, Citizenship and Multiculturalism Act?
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