A long-haul truck driver brought claims for wrongful dismissal and unpaid overtime after his employment was terminated for cause following a second failed random drug test for cannabis.
The court held that the employer's drug and alcohol policy for safety-sensitive drivers was reasonable, clearly communicated, consistently enforced, and proportionately applied, and that no duty to accommodate arose because the evidence did not establish an actual or perceived drug dependency disability.
The court further held that any overtime claim older than two years before the issuance of the claim was barred by the Limitations Act, 2002, and that the remaining overtime claim failed for lack of reliable proof.
The action was dismissed in its entirety.
