Arbitrator awards nominal damages for unwarranted breathalyser test

On June 25th Arbiator Surdykowski awarded $200 in damages to an employee who underwent an unwarranted breathalyser test following a safety incident. The employer administered the test based on a mistaken belief that it was required by policy even though there was no basis for believing the employee was intoxicated. The employee suffered no particular harm.

Compass Minerals Canada Corp. and Unifor, Local 16-O (Walden), Re (June 25, 2016, George T. Surdykowski Member, Ontario Arbitration) 127 C.L.A.S. 286.