Behavior During Non-performance of Official Duties

The law concerning the off-duty conduct has always given rise to the discipline or dismissal. In Canada, the dismissal could either occur with a cause or without a cause. According to Reporter Stuart Rudner, most of the dismissals occur without any cause for which an employer would provide a notice of dismissal or pay in lieu to the employee. If an employee is being dismissed with a cause, then he/she cannot be provided with a notice of dismissal, severance pay and pay in lieu. Whereas, if an employee is being dismissed without a reason, he/she would be rendered with severance pay and a notice of dismissal. The verge of carrying out the dismissal with cause is more. For the purpose of figuring out if the cause is warranted, the misconduct that has been argued cannot be taken into consideration in confinement, but all the similar results must be considered. In almost all the cases linked to the off-duty conduct, the court implies that the discipline will be warranted.

Off-duty conduct justifies discipline or dismissal which impacts the stature of the company or the sense of working connections. The disciplinary actions have been warranted by considering all the similar factors. The reasoning for the dismissal would be highly captivating if an employee expresses his/her discomfort in working with another employee as it would highly impact the sense of working connections.

According to the judgement which has been made in the year 1967 in the case of Re Mill haven Fibers Ltd. and oil, Chemical and Atomic Workers 1.U Loc 9-670, the discipline for the off- duty conduct has been brought by the court into action where:

1. The off duty conduct would impact the stature of the company

2. The attitude of an employee would affect the other employee’s ability to carry out their duties successfully and efficiently

3. The other employees would not be able to work with an employee due to his/her attitude

4. There is a serious breach of criminal code

5. It becomes harder for the company to continue its functions and also to direct its employees.

2. I was very much astounded when I came to know that the federal government has legalized the utilization of cannabis and also the other alcoholic drugs on October 17, 2018. When it comes to the employers, legalization of cannabis would create a big issue. It is due to the reason that, if an employee consumes marijuana in the middle of his/her duty or during off duty, the employee would be totally weakened at the time of work. This might influence the work of the employee and also the other employees.

If an employee consumes the cannabis, the effect of it would last either for days, weeks or months. This would affect the employee’s strengths and also the physical state. The companies that has a concern towards the other employees and also the work, would not permit the workers to consume the cannabis during their off duty as it would affect the prestige and the productivity of the companies. The employers could frame various strategies in order to hinder the employees from consuming the cannabis during their duty and also during off duty.

Many of the companies have taken a resolution in recent times, in order to hinder the employees from consuming the cannabis while at work and also during the off duty. For example the Police services in Calgary has banned the utilization of cannabis during the off duty or during any holiday. But few companies have not placed any hinderance on the usage of cannabis during off duty. For example The Armed Forces in Canada have not placed any restriction towards the consumption of cannabis during their off duty provided they do not consume within eight hours of performing their duty. Whereas, the police division in Vancouver has not placed any restriction on the consumptions of cannabis during off duty without imposing a timeframe for consuming before performing the duty. The companies that have more concern towards the security like Air Canada, Westjet have completely banned the usage of cannabis during off duty. Those companies never wish to take risk when it comes to the duty of the employees. If the employees of those companies perform their duties when stoned, the security of the passengers will be under the risk. But there are also some companies in which the employers accommodate the employees who frequires marijuana during nights in order to treat their medical condition.

3. There are some thoughts regarding the consumption of cannabis in the workplace that may require the employers to render some employees the convenience to ingest cannabis. The employers have the legal obligation to help the consumers of marijuana from prior to the legalization of cannabis till today. While framing the policy for the cannabis, employers must take into the account the needs of the employees and they must plan to assist them. Some of the employees depending upon their medical conditions, consume marijuana when prescribed by their doctors. So, the employees, who have been prescribed to consume the marijuana must inform their employers about their requirement. This would make the employers to assist such employees based on the evidence of the doctor’s prescription. At times, the utilization of the alcoholic drugs and also the work of the employees will be interlinked.

So, in that case the employer must mandatorily lend a considerable assistance for the employee to use the cannabis. It is also the authority of an employer to inspect an employee, whether he/she must intake cannabis as per the doctor’s prescription. Based on which an employer would implement practices favourable to the employee, given the latter submits the proof that his/her doctor has recommended to utilize the cannabis. At the time of deciding whether to provide the favourable assistance to an employee for the purpose of ingesting the utilizing the cannabis, both employer and the employee must be genuine to one another.
In the case of Aitchison v. L & L Painting and Decorating Ltd., the Ontario’s Human rights Tribunal has disclosed that, there is no need for the employer to assist the employee who has to consume the cannabis for the medical use if:

· The employee Is a painter and works on the tallest buildings.
· If an employee has failed to request for an accommodation and uses the alcoholic drugs, as the self-medicating drugs without the doctor being prescribed.
If suppose an employee wants himself/herself to be accommodated, and in need of space for consuming the marijuana while at work, the employer must consider the legislation that affects where an employee could use the cannabis according the mode of usage. For example- Smoke free Ontario Act which is being implemented in the year 2017 restricts the pulling on at the workplace.

REFERENCES

1. Kassam, A. (2019, October 02). Cannabis policy considerations for employers. Retrieved from Canadian Lawyer: https://www.canadianlawyermag.com/inhouse/news/opinion/cannabis-policy-considerations-for-employers/305997
2. Mahil, R. (2018, October 25). Employer Policies on Off-Duty Cannabis Use. Retrieved from LAWSON LUNDELL LLP: https://www.lawsonlundell.com/labour-and-employment-law-blog/employer-policies-on-off-duty-cannabis-use
3. Rudner, S. (2015, May 22). Discipline for Off-Duty Conduct. Retrieved from RUDNER LAW: https://www.rudnerlaw.ca/discipline-for-off-duty-conduct/
4. Taylor, S. R. (2017, October). What to do if your employee is “one of them”. Retrieved from hrprofessional now: http://hrprofessionalnow.ca/policies-and-procedure/486-disciplining-employees-for-off-duty-conduct