Road map to weed in the workplace

Legal considerations as legalization approaches
By Shelley Brown
|Canadian HR Reporter|Last Updated: 10/31/2016

Legalization of marijuana — whether people agree with it or not —  seems to be coming, and soon. Employers need to prepare themselves now because employees are going to be more open about using the drug once it becomes legal. And they will have to deal with the challenges that recreational, as opposed to medical, use is going to involve.

The legal community is working in new terrain. The case law, developed since the 2000 Ontario decision of Entrop v. Imperial Oil Limited, makes it clear that only actual impairment at work, as opposed to evidence of usage, allows for termination for cause. And the determination of impairment is often guesswork with regard to marijuana.

Here’s a look at the issues and case law that might be applied when the legislation comes into effect.