Introduction
It is important to know one’s rights to address adverse situations that may take place in a person’s life and are regulated by the law. For instance, if an individual was fired due to some poorly grounded reasons, the knowledge of the legislation may be of help.
Access to Emails
On the whole, organizations are expected to allow their employees some privacy, even if the workers utilize the premises and equipment provided by the employer (Office of the Privacy Commissioner of Canada [OPCC], 2004b). Although it is also expected that employees may have to give up a reasonable degree of their privacy if necessary, employers should not demand that employees give up all their information (OPCC, 2004b).
The Personal Information Protection and Electronic Documents Act (PIPEDA), which regulates these rights, applies to federally governed organizations and also has a limited application when it comes to employee situations in other cases (Office of the Privacy Commissioner of Canada [OPCC], 2004a). It is stated that when PIPEDA’s provisions are violated, a complaint may be filed with the Privacy Commissioner, and in some cases, an application may then be made to the Federal Court (OPCC, 2004a).
Smoking Medical Marijuana
Generally speaking, the use of marijuana is prohibited in Canada, and employers may ban its use in the workplace, utilizing disciplinary action (up to the termination of the employment) to the workers who do not comply with the ban (Straszynski, 2016). However, in cases when the worker has to use marijuana for medical purposes, this is treated as a disability under the federal Canadian Human Rights Act, and employers cannot prohibit such use; furthermore, they are obliged to accommodate workers for whom such use is necessary (Straszynski, 2016). Attempts to prohibit medical use of marijuana, or not accommodating workers who have to use it in such a way, maybe reasons for a court case (Straszynski, 2016).
Conclusion
All in all, a person who was fired 1) because they refused to provide them access to all their emails for the employer, and 2) because they had to engage in the medical use of marijuana in the workplace, has the right to file a complaint against their employer and later – probably apply to the court when considering the first reason for dismissal, and can immediately apply to the court when considering the second reason for dismissal.
References
Office of the Privacy Commissioner of Canada. (2004a). Application of the Personal Information Protection and Electronic Documents Act to employee records. Web.
Office of the Privacy Commissioner of Canada. (2004b). Privacy in the workplace. Web.
Straszynski, P. (2016). Marijuana and the Canadian workplace. The Canadian Lawyer. Web.