A Quebec trucking company, Groupe Robert, has been ordered by labour arbitrator Huguette April to reinstate a driver who was fired for drinking at least nine beers before she lost control of her truck on a Pennsylvania highway. The driver’s alcohol consumption was attributed to alcoholism, which was considered a disability by the arbitrator. April stated that the trucking company should have made a reasonable accommodation for the driver’s condition.
The incident leading to the driver’s termination occurred on June 30, 2022, when she was involved in a single-vehicle crash that caused damage to the truck but resulted in no injuries. About a week after the accident, the driver informed her employer about her struggle with alcoholism and sought medical assistance to address the issue.
In her written decision dated July 18, the arbitrator emphasized that Groupe Robert could have taken steps to support the driver after the crash, such as installing an alcohol testing device in her truck or finding alternative work for her within the company.
However, Groupe Robert argued that the driver’s termination was justified since it violated the collective agreement, which explicitly stated that truck drivers who consumed alcohol on the job would face dismissal. Despite this argument, the labour arbitrator ruled in favor of the driver, highlighting the company’s obligation to accommodate her disability.
As a result of the decision, Groupe Robert is compelled to reinstate the driver in her position, recognizing alcoholism as a disability that requires reasonable accommodation under employment laws.