Woman fired for cannabis use after work appeals court ruling

A woman who was fired from her job after testing positive for cannabis use after work has won an appeal in a Canadian court.

The woman, who was a customer service representative for a company in Ontario, was fired in 2018 after a random drug test revealed that she had THC, the psychoactive compound found in cannabis, in her system. She had used cannabis legally at home after work, but before going to bed.

The woman argued that her employer had violated her rights under the Ontario Human Rights Code by discriminating against her based on her disability, which was her use of medical cannabis. She also argued that the company had failed to accommodate her disability by not providing a safe and healthy work environment.

The Ontario Human Rights Tribunal ruled in favor of the woman, finding that her employer had discriminated against her and failed to accommodate her disability. The tribunal ordered the company to reinstate the woman to her job and pay her $40,000 in damages.

The company appealed the decision to the Ontario Court of Appeal, but the appeal was dismissed. The court ruled that the tribunal had correctly found that the woman's use of medical cannabis was a disability under the Human Rights Code, and that the company had failed to accommodate her disability.

The court also ruled that the company's drug policy, which prohibited employees from using cannabis at any time, was overly broad and did not provide a reasonable accommodation for employees who used medical cannabis.

The decision is significant because it sets a precedent for the rights of employees who use medical cannabis in the workplace. It suggests that employers have a duty to accommodate employees who use medical cannabis, and that a blanket ban on cannabis use may be discriminatory.

The woman's lawyer, who is also a cannabis lawyer, said that the decision is a major victory for employees who use medical cannabis and will help to create a more inclusive and accepting workplace culture.

"This decision is a game-changer for employees who use medical cannabis," said the lawyer. "It recognizes that medical cannabis is a legitimate treatment option and that employers have a duty to accommodate employees who use it. We hope that this decision will help to create a more inclusive and accepting workplace culture, where employees who use medical cannabis are not stigmatized or discriminated against."

The company's lawyer said that the company is disappointed with the decision and is considering appealing to the Supreme Court of Canada.

"We are disappointed with the decision and believe that it is inconsistent with the intent of the Cannabis Act," said the lawyer. "We will be considering our options and may appeal to the Supreme Court of Canada to clarify the law on this issue."