Toronto Heavy Machine Operator Gets Job Back After Cannabis Scandal

A heavy machine operator at a “safety sensitive” plant in Toronto has been reinstated after his employer fired him for alleged cannabis use while on the job.

“There is no dispute that the workplace is safety sensitive, as was [Joseph Sutton’s] work on the control panel [that controls the plant’s paint line], which required his full attention and senses,” Rishi Bandhu, a vice chair at the Ontario Labour Relations Board, wrote in a recent decision.

“In the absence of specific evidence of impairment, I cannot conclude that [Sutton’s] discharge [from MSC Toronto] is warranted in the circumstances.”

Bandhu added that Sutton’s disciplinary record is to reflect a 3-month suspension for:

• Working while under the influence of cannabis
• “Insolent behaviour” towards a senior manager

No retroactive wages were awarded in this situation.

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