A truck driver was driving from Quebec to the United States. During the trip, she purchased 12 cans of beer, of which she consumed nine. Soon after, she got into a serious accident which significantly damaged the company truck.
After the employee returned to Quebec, she met with her employer’s representatives and a union advisor, where the employee disclosed that she suffered from alcohol addiction, substantiating her claim with a medical note from her doctor. The employee subsequently completed an in-patient addiction treatment program, and upon completing the program, the employer terminated her employment.
The employee “admitted that even though she knew she shouldn’t [drink], it was stronger, like something she couldn’t control.” She claimed that she found out about her alcohol addiction issue during the accident.
The arbitrator overturned the dismissal and reinstated the employee, finding that the employer needed to fulfill its duty to inquire or accommodate. When an employer is put on notice that there may be a disability that could be the cause of the employee’s conduct, the employer has a duty to inquire to determine whether there is some relation between the disability and conduct. The duty to inquire exists when the employer...
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