The arbitrator agreed with the union that the results of drug testing that was ruled to be improper, including any evidence that flowed directly from the testing (referral to an IME doctor, monitoring, etc), was not admissible in the proceeding. To admit the evidence would tacitly condone improper drug testing. In doing so the arbitrator disagreed with an approach found in some Alberta cases, including ATCO Electric [2017] A.G.A.A. No. 7, a case which employer’s typically rely upon to seek to admit such evidence.
Read the case here.