Linda

Article discusses that in rare circumstances reinstatement may be the remedy of choice: where the employer is large and sophisticated, the employee can be placed in an equivalent position but with a different supervisor, and the work is specialized and the employee’s carrier would end without reinstatement do to no other career opportunities.

Commentary on SCC case Communications, Energy and Paperworks Union of Canada Local 30 v Irving Pulp and Paper Mill, 2013 SCC 34, and compares ratio to provide an analysis on the then ongoing litigation issues in Alberta Communications, Energy and Paperworks Union Local 707 v Suncor Energy Inc, 2012 ABCA 307; union vs. non-unionized setting on pre-employment drug test and the line of addiction as deciding factor.