Sentences with phrase «terminated for addiction»
«S» then argued he was terminated for addiction, which he was unaware of until the incident, since he was in denial.
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However, the Tribunal concluded that Stewart was terminated not because of his addiction, but rather for breaching the Policy, which required him to disclose his addiction or dependency before the occurrence of an incident.
Those who did not disclose an addiction to the employer and later tested positive for drugs or alcohol upon involvement in a workplace incident would be terminated.
First, Stewart was terminated for violating the Policy and not for having a drug addiction.
Did an employer terminate employment because of addiction to cocaine (raising a prima facie case of discrimination), or for breach of the Policy prohibiting drug use unrelated to his addiction because he had the capacity to comply with those terms (not raising a prima facie case of discrimination).
On this point, Mr. Stewart argued that denial is a symptom of addiction and terminating him for failing to disclose his addiction was, in essence terminating him because of his disability.
The Supreme Court of Canada upheld the decision of the Alberta Human Rights Tribunal which held that Mr. Stewart was terminated for breaching the Policy, not because of his addiction.
The Alberta Human Rights Tribunal held that «S» was terminated for breaching the Fitness for Duty Policy, not because of his addiction.
The main issue is whether the employer terminated Mr. Stewart because of his addiction (raising aprima facie case of discrimination), or whether the employer terminated him for breach of the Policy prohibiting drug use unrelated to his addiction because he had the capacity to comply with those terms (not raising a prima facie case of discrimination).