Originally posted in Civilized by Alison McMahon
Although there is little case law on medical cannabis use in the Canadian workplace, there are a few cases that can guide both employees and employers on this topic.
Today we look at the case of Wilson vs. Transparent Glazing Systems. Gregory Wilson was employed as a glazier and held a medical cannabis prescription for chronic back pain and migraine headaches. His employer was aware of his back pain and that he took medication for his disability.
The Project Superintendent of the job site where Wilson was working sent a fax to his employer, Transparent Glazing Systems. The fax indicated it was suspected that he was impaired by the medication he was taking. The employer acted on the fax about the suspected impairment from the medical cannabis, terminating Wilson’s employment.
The employer stated that his was fired because of his temper, lack of productivity and generally poor attitude in the workplace. Wilson filed a complaint alleging that the employer discriminated against him on the basis of physical disability and his use of medication. The British Columbia Human Rights Tribunal agreed with Wilson and directed the employer to stop its discriminatory practices. Wilson was also awarded a small amount in damages. However, the Tribunal upheld the termination because it was found he would have been fired nevertheless because of his incompetence.