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LEGAL
The procedures regarding the use of medicinal marijuana
should also be clearly communicated.
The consequences and disciplinary procedures for
breaching the policies respecting marijuana usage should be
communicated to employees, keeping in mind that employees
cannot generally be subject to random drug testing or imme-diate
termination for marijuana use. Policies should clearly
identify behaviours that will not be tolerated. Employers
should also keep in mind that principles of progressive disci-pline
and accommodation still apply to marijuana usage, and
zero-tolerance policies will not be acceptable. Policies that
are supportive and offer other options and flexibly provide
for individualized accommodation plans before discipline is
imposed will be more likely to be upheld.
Finally, employers should be cognizant of the changing
legal landscape and keep apprised of any updates or changes
in federal or provincial legislation. There will be a learning
curve while employers adjust to the legalization of mari-juana,
making clarity and communication key when dealing
with the changes in the workplace.
Jenna R. Seavers is an associate of Fillmore Riley LLP who
practises primarily in the area of civil litigation. You can reach
her at 204-957-8365 or jseavers@fillmoreriley.com. This article
provides a brief summary of employers’ obligations respecting
the legalization of marijuana. The legislation is still in process
and specific questions about its applicability to your workplace
should be discussed with your lawyer.
The consequences and disciplinary
procedures for breaching the policies
respecting marijuana usage should
be communicated to employees,
keeping in mind that employees
cannot generally be subject to
random drug testing or immediate
termination for marijuana use.
92 Q1 2018 www.pilingcanada.ca
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