He didn't reveal his substance abuse problems before being dismissed

A storekeeper with 12 years of seniority is dismissed for, among other things, lying about the reasons for his numerous late arrivals and absences. The evidence shows that the plaintiff suffered from drug and alcohol addiction, but that he never clearly mentioned this to his superiors. As use of the services offered by the Employee Assistance Program was confidential, managers were unaware of his situation. When questioned by his superiors about the problem, the complainant only mentioned personal issues, without elaborating. The union claims that the employer should have known or suspected his problem and inquired about his condition. The arbitrator did not accept this argument, pointing out that case law holds that there must be “strong eloquent” clues or “several serious clues” to “seriously suspect that the claimant's absences were caused by a problem of alcoholism or drug addiction”. The grievance is dismissed.

Syndicat des employé-e-s de techniques professionnelles et de bureau, section locale 2000 and Hydro-Québec (Patrick Caron)
2024 EXPT-1245, 2024 QCTA 232, Me Denis Nadeau