The applicant employer sought judicial review of an adjudicator's decision upholding the unjust dismissal complaints of two employees who were fired for refusing a drug test.
The adjudicator had found that under the employer's policy, reasonable cause to test required direct observation of drug use or impairment by a trained supervisor, which was lacking.
The Federal Court held the adjudicator's interpretation was reasonable.
It also found reasonable the conclusion that the employees had mitigated their losses.
However, the Court quashed the portion of the order directing the employer to have a third-party site owner restore the employees' camp privileges, as the employer lacked power to enforce it.
