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Supervisor who solicited and procured drugs from employee was fired for cause

By Adrian Miedema

The BC Court of Appeal has upheld the for-cause termination of a supervisor who used text messages to solicit and obtain drugs from an employee under his supervision. Safety was one of the supervisor’s responsibilities in an industry described as ‘high risk’ and ‘safety sensitive’.

The supervisor was a project manager of a pile driving company. The company fired the supervisor, alleging that he had misused a company gas credit card and a BC Ferries card, as well as failed to pay for a hotel bill. After the termination, when the supervisor returned his company cell phone, the company found text messages from him soliciting drugs from an employee under his supervision. The primary drugs were Dexedrine and clonazepam, both prescription medications that are ‘listed substances’ under the federal Controlled Drugs and Substances Act. The company relied on the text messages as ‘after-acquired cause’ for dismissal…

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