Should Rob Ford get a free ride because alcoholism and drug addiction is a disease?
A 2012 arbitration award dealt with employer discipline for alcohol and drug related issues. In this case, the employee, a Crown counsel, was observed by City police in an area frequented by drug users. He was arrested and charged with possession of cocaine. After further investigation by the employer, he was fired. Here's what the arbitrator wrote:
"The nature of addiction, such as alcoholism (for example), is properly understood as a treatable illness. As an illness, it is non culpable in nature. But as a treatable illness, there is an incorporation of the individual's responsibility and accountability, ultimately not just in respect to treatment of the addiction, but also in respect to the workplace misconduct."
In the end, the arbitrator found that "the duty to accommodate is therefore not an issue because the Human Rights Code has no application" and dismissed the grievance. The Crown Counsel stayed fired.