January 2006 – Schenk & Associates

Substance Abuse in a Safety Sensitive Workplace

Employees with substance abuse issues are a nightmare for employers charged with a workforce operating in a safety sensitve workplace. Employers must accommodate such employees to the point of undue hardship. Having said that what is undue hardship in a…

Third Party Drug Policy

by Johannes Schenk / On January 30, 2006 / In Human Rights Law, Labour Law

It is often the case that an employer will enter into an arrangement with another entity that will require the employer's workers to conform to other entity's policy and workplace rules. What if those rules conflict or encroach upon matters…

Blackberry in Trouble

by Johannes Schenk / On January 24, 2006 / In Uncategorized

Jesse James had his Colt .45 and the lawyers had their Blackberrys, so the historians may soon write. For those of you in the habit of Blackberry use see this Washington Post article on the recent Blackberry patent infingement case.…

Obesity as a Disability

by Johannes Schenk / On January 23, 2006 / In Employment Law, Human Rights Law, Labour Law

The Canadian Federal Court of Appeal recently considered the matter of whether obesity is a disability in McKay-Panos v. Air Canada, [2006] F.C.J. No. 28. The case is an appeal from a decision of the Canadian Transportation Agency which held…

Random Drug Testing

by Johannes Schenk / On January 20, 2006 / In Employment Law, Human Rights Law, Labour Law

Entrop dealt with the issue of random drug testing in the work place. The main and lasting idea that came from this case was "drug testing for cause". Imperial Oil Ltd. and C.E.P., Loc. 900, 138 L.A.C. (4th) 122, is…

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