# Arbitrator Rejects Alcoholism Defense in Workplace Termination Case Worker fired for drinking on duty fails to prove disability-related accommodation claim. - **Source:** [National Post - RSS Feed](https://nationalpost.com/) - **Published:** 2026-10-28 - **Topic:** [People & Culture](https://brifing.si/c/people) - **Original article:** - **On Brifing:** https://brifing.si/s/223c0ddf-54ab-4464-9f99-d4251c126e7a ## Safety-Sensitive Role Violation Zoe Stanley, an employee at Gerdau Long Metal’s Whitby plant, was terminated for consuming alcohol on company property. Her role involved directing heavy machinery, including dump trucks and cranes, classifying it as a safety-sensitive position. Management identified the smell of alcohol on her breath following a report from a colleague. ## Inconsistent Employee Testimony Stanley initially denied drinking on premises, attributing the alcohol scent to a home moonshine hobby. Later, she admitted to consuming alcohol at her locker after her shift. She subsequently claimed to suffer from alcoholism, citing personal financial difficulties, yet failed to provide consistent evidence regarding her consumption habits during work hours. ## Failed Accommodation Efforts Gerdau offered a last-chance agreement contingent upon residential treatment and random testing. Stanley objected to residential care due to family obligations and failed to secure alternative treatment promptly. The company concluded she was not cooperating with the accommodation process, leading to the final decision to proceed with her termination. ## Arbitrator's Evidentiary Findings Arbitrator Bernard Fishbein noted that medical reports provided by Stanley’s doctor and therapist failed to explicitly diagnose her with alcoholism. The arbitrator found the union's argument—that the incident was isolated and non-premeditated—contradictory to the claim that she suffered from a chronic disability requiring specific workplace accommodation and support. ## Legal Duty to Accommodate The ruling emphasized that without a proven disability, the employer has no legal duty to accommodate under the Human Rights Code. Fishbein concluded that even if a disability existed, Gerdau had sufficiently fulfilled its duty by attempting to negotiate a return-to-work agreement before the employee’s behavior led to dismissal. ## Workplace Policy Enforcement Gerdau’s internal policy strictly defines being under the influence as a blood alcohol level exceeding 0.02 percent. Stanley tested at 0.040 and 0.035 percent over four hours after her shift concluded. This objective data reinforced the company's stance that the policy violation was serious and warranted immediate disciplinary action. ## Union's Failed Defense The International Union of Operating Engineers, Local 793, argued for a lesser penalty based on Stanley’s seven-year tenure without prior discipline. However, the arbitrator rejected this, noting that the safety-sensitive nature of the work environment made the risk of impairment unacceptable, regardless of the employee's previous clean record at the plant. ## Precedent for Safety Roles This case highlights the high threshold for claiming disability in safety-sensitive roles. Arbitrators prioritize workplace safety over individual claims when evidence of a medical condition is ambiguous. Employers maintain the right to enforce strict substance policies, provided they demonstrate a good-faith effort to accommodate employees who disclose genuine medical needs. ## Sources covering this story - https://nationalpost.com/news/canada/fired-worker-argued-alcoholism-is-a-disability — --- _Summary written by Brifing from the original reporting. Copyright in the original article belongs to its publisher; read the full piece at the link above._