https://www.cbc.ca/news/canada/manitoba/manitoba-health-care-aide-alcohol-nrha-1.5485281
The article discusses whether the Supreme Court of Canada wrongfully terminated a member of the Northern Manitoba health authority.
This legal battle began in 2011 where an employee of the Northern Regional Health Authority personal care home in Flin Flon signed an agreement to stop drinking. This was after facing a suspension for being drunk on the job. In 2012 the health care aid who was being seen drunk outside their workplace, was terminated.
The case was brought to the Manitoba Human Rights Commission. The commission ruled that the employee was discriminated against based on her alcoholism/alcohol use disorder. They agreed that the health authority failed to accommodate her addiction and instead decided to fire her.
This brings up the question; What is the difference between casual drinking, alcohol abuse and alcoholism?
Alcoholism is the dependence or addiction of alcohol while, Alcohol abuse is the pattern of binge drinking or drinking excessively.
There are many warning signs of alcoholism some include; drinking alone or in secrecy, making drinking a priority over all responsbilities and continuing to drink despite financial, health and family problems.
This verdict on this case has gone back and forth for years. “The health authority challenged the ruling, arguing the commission didn’t have the authority to wade into the issue at all, because the employee was a unionized worker” (Geary 2020).
While the use of unions is important I believe that the The Human Rights Commission should be open to all workers who feel mistreated or discriminated against as they deserve to have their voice heard.
There are many thoughts that are raised after reading this article:
Do you believe this woman was wrongfully terminated? I personally believe that alcoholism is a disorder and as time goes on work places should pay more attention to both mental disorders, eating disorders as well as substance abuse and the disorders that come along with them. In an ever evolving world it is the employers duty to support their staff rather than finding means to discriminate against them or terminate them.
I also feel as though this article would be richer and we would get a better undertstanding if they were able to get in contact with the victim. To hear someones personal struggle would also paint a better picture of if she was was wrongfully terminated or not.
I believe that after breaching the contract there should have been employer mandated rehabilitation or support groups in place with a three-strike system before giving the employee leave.
Lastly, I believe that the employers should be given access to the human rights commission is they are not feeling as though they are receiving representation or resources they need from their union. As it is most important to ensure that everyones treated with worth and dignity.
Having employees in Human Resources aware of the different disorders and how to deal with them would have helped this case to have been handled correctly rather than making it to the Supreme Court.
In this case specifically i feel as though it was the employers responsibility to value their workers more and provide them with instead of using alcohol abuse as grounds for firing an employee.
Sources:
https://www.cbc.ca/news/canada/manitoba/manitoba-health-care-aide-alcohol-nrha-1.5485281
https://www.therecoveryvillage.com/alcohol-abuse/faq/am-i-an-alcoholic/#gref
https://www.verywellmind.com/alcohol-abuse-vs-alcohol-dependence-63101
Gitika Sachdev's Blog 