Key Points:

• Background:

  • Garry Frederick Quong, a long-term employee, was terminated after refusing a substance abuse program following a positive drug test for THC, post-incident.
  • Incident: On June 3, 2022, Quong, a Site Superintendent, was involved in a minor worksite accident. The subsequent drug test revealed THC levels above Lafarge's policy threshold.
  • Quong's Claim: Alleged wrongful dismissal, arguing the drug policy is unreasonable and that Lafarge bypassed progressive discipline measures.

• Lafarge’s Defense:

  • Argued its actions were consistent with its Drug and Alcohol Policy, crucial for safety in a safety-sensitive workplace.
  • Asserted that Quong’s refusal to undergo the required substance abuse assessment and program necessitated his termination.

• Court’s Analysis:

  • Policy as Employment Term:
    • The policy was an implied term of Quong’s employment, deemed reasonable, clear, well-published, and consistently enforced.
    • Essential for maintaining safety, particularly given Quong’s safety-sensitive role.
  • Reasonableness of Actions:
    • Lafarge acted reasonably by enforcing drug testing and addressing the positive results.
    • Quong’s cannabis use for pain relief, without medical authorization or prior disclosure, violated the policy.
  • Just Cause for Termination:
    • Quong’s refusal to participate in the substance abuse program and random testing was a repudiation of his employment contract.
    • The court upheld Lafarge’s requirement for program participation and testing to ensure workplace safety.

• Conclusion:

  • Quong’s wrongful dismissal claim was dismissed. Lafarge’s enforcement of its Drug and Alcohol Policy was justified to maintain workplace safety.
  • The document does not specify a monetary award or costs ordered.