No second chance: dismissed for smoking a "joint" at work

Two day labourers in a high precision parts manufacturing plant challenge their dismissal for having repeatedly smoked marijuana during working hours. Though the employees denied having taken drugs on the day when an altercation erupted between them, the arbitrator deemed that their testimony was not credible. According to the arbitrator, the employees endangered their health and safety, and that of their co-workers. He therefore refused to give them a second chance, considering the seriousness of the offence and their attempt to conceal the truth. The arbitrator added that the employees has little seniority and would have been laid off a few months later anyway, due to the relocation of most of the company’s operations. The dismissals were therefore upheld. United Steelworkers, Local 4796 v. DSI-Canada Mining (D. Nault et al.), AZ-50624254 (T.A.) Me Nicolas Cliche