Refusing to undergo a screening test: the employee’s fate could not be more favourable than if he had failed the test

An assembler challenged his dismissal. The employer accused him of having been with other co-workers in the back of a truck, during his working hours, of having consumed alcohol there and of having refused to undergo a screening test. According to the arbitrator, the evidence showed that the employee had likely consumed alcohol during his working hours. Despite the latter’s denial, the employer had reasonable grounds to believe that the employee was under the influence of alcohol and to compel the employee to undergo testing as required by company policy. Despite the employee's long-standing seniority and clean disciplinary record, the fact that he lied to the employer and at the hearing was an aggravating factor. Since the employer dismissed the employee's co-workers who tested positive on the screening test, the fate of the employee who refused to submit to the test could not be more favourable than if he had failed the test. His dismissal was upheld.

Gate Gourmet Canada v. Unifor Québec, Local 698

2018EXPT-304, 2018 QCTA 22, Jean-Pierre Lussier Esq.