A Quebec trucking company has been directed to reinstate a driver who was fired after she drank at least nine beers before she lost control of her truck on a Pennsylvania highway. .“The evening of the accident, she needed to consume,” said Quebec Arbitration Tribunal (QAT) adjudicator Huguette April in a ruling. .“She admits that even though she knew she shouldn't, it was stronger, like something she couldn't control.”.Groupe Robert terminated driver Yolaine Nadeau in September after it learned she was caught driving drunk. .“We made the decision to terminate your employment following the incident that occurred on June 30 in the United States,” said Groupe Robert. .“We took the time to thoroughly analyze the case and conducted an extensive investigation.”.Groupe Robert called the charges “numerous and of extraordinary gravity." She confirmed she consumed alcohol while she was on duty. .She acknowledged and admitted she had consumed alcohol, leading to her being involved in a traffic accident. .The accident caused significant damage to Groupe Robert's equipment. Police arrested her while she was intoxicated. .All alleged facts were verified. The collective agreement was unequivocal about such breaches. .April said drinking alcohol while driving a heavy truck is a serious offence. The accident could have caused serious injuries or death to other drivers. .QAT arbitrator Francois Hamelin pointed out an alcoholic is often the last person to know about his or her disability and sometimes only admits it to himself or herself when confronted. Nadeau stated she became aware of her alcoholism right after the accident. .She informed Groupe Robert about her alcoholism one week later. April said she has no reason to doubt she suffered from this disability before her termination. .She said she believes it was the employer’s obligation to find a reasonable accommodation without undue hardship for her disability. .She added it “should have treated this file from an administrative standpoint, as an illness, and not as a disciplinary measure.” Accordingly, she revoked the dismissal. .If an employer has an employee who is an alcoholic, April said it must ensure his or her work is carried out with caution and safety. In this context, it has the right to impose supervision measures on Nadeau which take into account her personal situation and the repercussions on her work. .“After analyzing the evidence and the case law, weighing the arguments submitted, and deliberating on everything, the court grants the grievance contesting the dismissal of Ms. Yolaine Nadeau,” she said. .Groupe Robert said it will appeal the decision. .“At Groupe Robert, the safety of all road users is our absolute priority,” said Groupe Robert spokesperson Kim Leclerc. .“We have a responsibility to the community to ensure that our employees meet the highest safety standards.”.The RCMP determined in 2022 an officer in British Columbia will keep his job after being found passed out in his police vehicle in a Burger King drive thru after driving drunk and crashing it. .READ MORE: BC Mountie found passed out drunk in cop car at Burger King drive-thru keeps job.RCMP Const. Blaise Picketts was allowed to take his vehicle and dog home with him..The RCMP Board said it decided not to terminate Picketts because he was suffering from “undiagnosed and untreated alcohol use disorder and post-traumatic stress disorder at the time.”
