Nature of the Case: Statutory appeal from a Human Rights Commission decision.
Initial Ruling: The Human Rights Commission found NOV discriminated against Mr. Maude, violating section 7 of the Alberta Human Rights Act, and awarded damages.
Section 7 Violation: Prohibits employment discrimination based on various personal characteristics, including disability.
Background:
Employment and Policy: Mr. Maude, a Journeyman Millwright Assembler at NOV since 2010, was subject to periodic drug tests under NOV’s Drug and Alcohol Testing Policy.
Incident: A March 2016 test indicated "non-negative" for cocaine. Mr. Maude admitted to using cocaine days before the test but denied any job performance impact or substance abuse disorder.
Assessment: Referred to Lifeworks for evaluation, resulting in a recommendation for residential treatment, which Mr. Maude contested.
Tribunal Findings:
Prima Facie Discrimination: Established as Mr. Maude was not allowed to continue employment due to a substance abuse disability.
Meiorin Test Application: NOV's policy was valid, but its execution was flawed. The Tribunal felt alternatives to residential treatment, such as a day program, were not considered.
Appeal Court Decision:
Errors Identified:
Tribunal lacked evidence to support that a day treatment was a valid alternative.
Mr. Maude failed to provide evidence for his preferred accommodation.
Tribunal's conclusions were not based on the provided evidence, constituting a palpable and overriding error.
Outcome: The appeal was allowed, overturning the discrimination ruling against NOV.
Conclusion:
Result: No discrimination was found against Mr. Maude.
