Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses whether contracted workers should have to abide by workplace zero-alcohol policies, particularly if they don’t drink over the legal limit.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week, and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
In this case, ExxonMobile was operating a construction site and had independent contractors come in. Now at this site, there was a no-alcohol policy that these contractors were supposed to abide by. But these contractors showed up with a blood alcohol level of .04 — about half the legal limit. They were dismissed, but this was challenged and the case went all the way to the Supreme Court of Canada.
The question was whether or not independent contractors at a job site are subject to job site requirements, or whether independent contractors are exempt. It’s obvious to see the safety issues being raised here. These rules make sense. But it’s also about the fact that these contractors are outsiders, and perhaps they should be independent and exempt from many of the job site rules.
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