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.
