Last chance agreements can be a very useful conservation tool in some situations, but they should be tailored to each individual situation. Employers who choose to use it should contact their lawyer. For more information on other topics to consider, see: Using last chance chords as a storage tool. Should an employer offer a “fixed choice” or “last chance agreement” to a worker who might otherwise be fired for poor performance or misconduct due to alcohol or drug abuse? Despite the psychologist`s recommendation, the employer instead asked the employee to undergo 21-day inpatient detoxification treatment. Just two days into the program, the employee discontinued and began a one-year outpatient treatment program. The employer dismissed the worker and argued that he had breached the provisions of the last-chance agreement. The employee then filed a complaint. Here are some of the conditions that are typically found in last chance agreements for employees with drug or alcohol problems: after reading and accepting the terms of the last chance agreement, the worker and employer should sign and date the agreement. The employer took the matter to the Superior Court of Quebec for judicial review. The Supreme Court overturned the arbitrator`s decision. The Supreme Court has said that when an arbitrator considers a last-chance agreement, the only question in determining whether the termination is justified is whether or not the agreement was breached. Assuming that the employee fulfills all the conditions of the last chance agreement and returns to work and fully complies with the company`s guidelines for a certain period of time, he should at some point be exempted from the terms of the agreement and treated in the same way as other employees. Typically, the agreement ends after the employee has been free of drugs or alcohol and, as directed by the company, for a reasonable period of time, for example.
B from six months to one year, depending on the circumstances. Finally, avoid reflex reactions to minor mistakes if you are aware of a clear breach of a last-chance agreement. Canadian employers still need to carefully consider whether the worker`s behaviour is contrary to the agreement and whether the sanction is appropriate in the specific circumstances. In this section, the employer indicates what happens if the worker does not comply with all the conditions of the agreement. . . .