Legal Question in Administrative Law in Canada

alcohol on breath

We have a probationary staff member who holds a supervisory position in a preschool. Her supervisor has just informed me (their manager) she has had alcohol on her breath at least four times - she is short with staff. Can we release her given the postion she holds?


Asked on 1/21/08, 5:53 pm

1 Answer from Attorneys
Kent Glowinski

Re: alcohol on breath

The threshold for firing "probationary" employees for cause is always less than for employees past their probationary period.

This does not mean, however, that a person who is probationary can be fired and not seek legal recourse against an employer.

The fact that the "cause" for firing a person in the employee's position may involve alcohol dependance raises human rights issues relating to a disability.

However, the fact that the employee is working in a preschool may require that she not be drunk, or drinking, or be affected adversely by lingering effects of alcohol from the night before.

Consult a local lawyer on this matter.

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Answered on 1/28/08, 2:33 pm


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