Introduction

There are numerous examples of employer policies or public statutes which have been determined to be unenforceable because of adverse treatment due to disability protected employee rights whether by provincial statute or the Charter.

It is important to have a good knowledge of the vulnerability of employer policies to allow for both proper drafting of such policies to be enforceable and on the converse, how to question them successfully.

Similarly, the ability to challenge public statutes based on Charter violations is most important.

Also reviewed is the enforceability of mandatory drug and alcohol testing procedures, which has become an important issue in many industries, particularly where worker safety is a factor. The drafting of such policies is a complex task. A firm understanding of the legal issues is necessary.