Can an employee with an addiction disclose their addiction until after a safety issue has been breached?
Alberta, Canada
The following excerpt is from United Steel- Paper And Forestry, Rubber, Manufacturing, Energy, Allied Industrial And Service Workers International Union (“United Steel Workers”), Local 5220 v Altasteel, 2021 CanLII 7103 (AB GAA):
45. The Company relied on Stewart v. Elk Valley Coal 2017 SCC 30, to argue that an employee with an addiction can’t wait until after a safety issue has been breached to disclose his addiction and expect accommodation. According to Counsel, this is particularly so here because the evidence shows that the grievor was so adept at hiding his addiction that his own medical doctor failed to diagnose it despite seeing him regularly throughout the period during which his alcoholism was at its worst. Counsel argued that it is not realistic or reasonable to expect the company to accommodate an employee so adept at hiding his disability.
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