Town right to fire worker: tribunal

Arbitrator cites ‘egregious violation’ of policy while driving municipal vehicle

The Town of Kindersley was within its rights to fire an employee who vaped marijuana while driving a company vehicle on a work trip, the chairman of an arbitration tribunal ruled.

Jesse Desjarlais, who has a medical marijuana licence to help him cope with headaches, had been working for the Town of Kindersley for about two-and-a-half years when he drove two coworkers to Humboldt in April 2016 for a training course.

His colleagues later told their boss that Desjarlais vaped before and while driving — which Desjarlais denied. He was subsequently fired. Desjarlais’ union filed a grievance, stating the town did not have proof he smoked marijuana while driving.

Tribunal chairman William Hood dismissed the grievance this spring.

“In our assessment of the evidence, we find the preponderance of probabilities is that (Desjarlais) was more likely than not vaping while driving and vaped marijuana in Humboldt before he operated the Town vehicle,” Hood wrote in his decision, calling it “an egregious violation” of laws and company policies.

“The use of marijuana while operating a motor vehicle is unsafe ... We accept that vaping marijuana while and before driving exposed (Desjarlais’ coworkers) to a safety risk.”

Prior to his trip to Humboldt, Desjarlais spoke with his supervisors about how they could accommodate his need to consume marijuana during the work day.

He gave his supervisors a letter from his doctor that said he should not operate a Zamboni, forklift or lawn mower for 20 to 30 minutes after vaporizing marijuana.

Desjarlais’ supervisors moved him to a new position that was believed to be less stressful and involved less interaction with the public. They required him to wait 20 to 30 minutes after vaping before operating a motorized vehicle.

Desjarlais’ coworkers told their supervisors that, during the Humboldt trip, Desjarlais vaped while driving and did not wait 20 to 30 minutes between vaping and driving. Desjarlais said his coworkers were mistaken and that it was the smell of marijuana, not his use of marijuana, that led them to believe he was vaping while driving.

During a grievance hearing, his former manager said she heard Desjarlais say “I don’t know why this is such a big deal because I smoke on my way to work.”

The comment showed Desjarlais’ “disregard for the seriousness of operating a motor vehicle while using marijuana,” Hood wrote.

“His doctor said he could not operate a Zamboni, forklift or lawn mower for 20 to 30 minutes after vaporization. Logically, the Town concluded that this extended to a motor vehicle. One would have thought that on this trip (Desjarlais) would not have been testing the limits on this accommodation. ... he has taken unfair advantage of his use of medical marijuana.”