Background:

• Barrette was terminated on May 12, 2022, following a positive drug test for cocaine and allegations of dishonesty regarding substance use. She had worked for Bombardier since 2013.
• Her termination followed events in March 2022, where she was allegedly kidnapped and robbed, leading to missed work. Following this, Barrette exhibited behavior that led Bombardier to question her fitness for duty, including an alcohol odor and eventual positive drug test.

Claims by Barrette:

• Wrongful dismissal, seeking pay in lieu of notice, lost benefits, and vacation.
• Discrimination based on disability (substance use disorder), alleging violations of Ontario's Human Rights Code.
• Bad faith termination and seeking punitive damages.

Defendant’s Position:

• Bombardier asserts just cause for dismissal, relying on violations of its drug and alcohol policy and Barrette’s lack of transparency about substance use.

Court Rulings:

• Barrette must answer certain discovery questions about her substance use and disclose medical records.
• She is required to undergo a medical examination to assess whether her substance use disorder qualifies as a disability under the Human Rights Code.
• No final decision on the merits of the case. Hence, there is no clear successful party. No monetary award, costs, or damages have been ordered.

Next Steps:

• Barrette’s examination and trial have been scheduled, with timelines set for medical reports.

This case focuses on the intersection of employment law and human rights, specifically wrongful dismissal and accommodation of disabilities related to substance use.