Apr 2019 Charity & NFP Law Update
On April 18, 2018, a labour arbitration board in Saskatchewan (the “Board”) released its decision in The Town of Kindersley v Canadian Union of Public Employees Local 2740 in which the Board upheld an employer’s decision to dismiss a unionized employee for improper use of his medically prescribed cannabis. This decision is a reminder to charities and not-for-profits that the accommodation of an employee’s needs with respect to medical cannabis does not give an employee licence to use the substance in whichever way the employee sees fit. Rather, employees are expected to abide by company policies, rules, and workplace accommodation agreements and also conduct themselves responsibly in their use of the substance. While this decision was released in 2018, the principles relating to workplace accommodation and the use of medically prescribed cannabis are important, especially in light of the recent legalization of recreational cannabis in Canada in October 2018, and the potential of the increased use of both medical and recreational use of cannabis across Canada as discussed in Charity & NFP Law Bulletin No. 431.
For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 447.