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Legal Ease
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Category: Canada Law
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I was working on an oil and gas project in northern alta. I

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I was working on an oil and gas project in northern alta. I am on a 20 mg per day cipralex perscription. The side can be excessive yawning dizziness and fatigue. Although this does not happen very often to me on Aug 26 13 at about 3:30 pm I felt a little dizzy. As we were waiting for a piece of equipment to assist us in our task I sat down on a chair that happened to be nearby. I am have closed my eyes for a few seconds to shake the dizziness but I am not sure. One of the supervisors for the company we were contracted saw me and I was fired the next day for sleeping on the job. The company I was directly employed by was given no chance to intervene and nobody checked me to see if I was having a problem. On my orientation for the prime contractor I listed all the meds I was on. I passed a drug and alcohol test prior to my hiring. What recourse do I have?
Thank you for your question.

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Were you dismissed by the company you work for as well?

Are you in a union?
Customer: replied 3 years ago.

I am not a union member. My company did not dismiss me but were directed to do so by the company they were subbing from. There was no opportunity to give my side of the story to anyone. The company was informed about my termination on a few minutes before I was.

So then did your company dismiss you as well?

Did anyone at the main company know about the medication?
Customer: replied 3 years ago.

my company had no choice but to dismiss me as they were on contract and have no other work. The main company requested a list of my meds during orientation and I provided them with it

Did they know why you need medications?
Customer: replied 3 years ago.

they did not ask why i needed the meds

The law is that an employer must accommodate someone who has a disability unless it's not possible to accommodate the employee without undergoing undue hardship.

When you provided the company with a list of medications this should have been noted.

And when you were essentially exhibiting side effects from a medication they employer had been informed you were in the employer should have at least taken steps to inquire about what was going on and why and in particular when you or the direct employer was trying to tell them, they had an obligation to hear what you were saying.

So it is quite likely the case that you will be successful if you file a complaint with the Human Rights Commission because failure to accommodate a disability is a form of discrimination in the workplace.

Here is a link to the contact information you will need:

Let me know if you need any further clarification.
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Thanks and take good care!

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