Will need to create a proposal to Mr. Locke for a drug and alcohol policy for his property management company. Include references to all of the specific things he should consider, and suggestions on how to do so. Ensure you make specific reference to the facts in the problem set and also the principles of law and policy in the three articles on disability, discrimination, human rights and drug and alcohol policies that you were provided with as part of your mandatory course materials.

CASE STUDY

The Problem with Nancy Drew

Philip Locke is an officer, a director, and the manager of Locke Property Management Ltd. which employs about twenty people in Penticton, B.C. He has been a realtor for forty years and has worked in the property management business since 1970.

In June, 2019 , Nancy Drew applied for the position of property manager which Locke Property Management Ltd. had advertised. She met Mr. Locke for an interview on August 9, 2019.

During the course of the interview, he asked her if she had ever been dismissed from a job because of drugs or alcohol, to which Nancy Drew answered "No, but I have been known to have a few cocktails." She was hired for the position.

Nancy Drew began her employment with Locke Property Management Ltd. on August 15, 2019. She was shown around the office and introduced to the other staff. She worked primarily with

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Mike Miller, a property manager who specialised in strata corporations. He was responsible for dealing with complaints from the strata corporations and attending their annual meetings. Nancy Drew looked after his clients when he left for his holidays on August 20.

Nancy Drew testified that during the evening of August 18, 2019 she was "pre-celebrating" her birthday with some friends at dinner. Mr. Locke testified that he smelled alcohol when he walked by Nancy Drew in the office on the morning of August 19. He said nothing to her at that time.

That day, Nancy Drewwent to a friend's house for a birthday lunch; she said that she had one ortwo glasses of wine. In the afternoon, there was a cake for her at the office. When Mr. Locke again smelled alcohol on her, he asked her to meet him in his office.

Mr. Locke told Ms. Drew that he had smelled alcohol on her breath both in the morning and the afternoon. She said that he asked her if she had a drinking problem. She answered that she didnot and explained that she had gone to a friend's for lunch and had had some wine.

Mr. Locke denies asking her if she had a drinking problem. He said that he simply told her that she could not properly perform her job duties smelling of alcohol. For the following two weeks, he was away from the office.

Nancy Drew'sevidence was that she did not drink again during working hours for the remainder of her employment.

Sylvia Ramsay, Mabel Corry, Jean Howson, and Linda Robertson, four co-workers of Ms. Drew, gave contrary evidence.

All of these co-workers said that they were familiar with the smell of alcohol and that they detected such an odor on or about Ms. Drew during Mr. Locke's absence. Their evidence withrespect to the number of times they noticed the smell of alcohol varied from "a couple" to six.

Ms. Robertson, who was the clerical supervisor, said that she had smelled alcohol on two or three occasions. None saw any signs of inebriation. They acknowledged discussing the situation amongst themselves. When Mr. Locke returned to the office on September 6, Ms. Robertson spoke to him aboutMs. Drew's use of alcohol.

Flo Gall was a realtor with Mr. Locke'sreal estate company. She was an active member of Alcoholics Anonymous ("AA"). Mr. Locke thought that Ms. Drew might have a drinking problem and he asked Ms. Gall if she could have a chat with her; he was trying to be "helpful."

On September 7, Ms. Gall invited Ms. Drewout for coffee. She discussed Mr. Locke's concernwith Ms. Drew who testified that she was "upset" by this conversation and returned to the office. Ms. Gall did not testify.

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Later that afternoon, Mr. Locke called Ms. Drew into his office. Ms. Drew stated that Mr. Locke told her that he thought she had a drinking problem and that he would terminate her employment if she did not completely abstain from alcohol for the next six months and attend AA. He gave her two days to agree to these terms, but subsequently agreed to meet with her the following week.

Mr. Locke had a different account of his conversation with Ms. Drew. He agreed that he told her he thought she had a drinking problem.

In his view, someone with a drinking problem can continue to perform well in most circumstances while someone who is an alcoholic cannot. He denied requiring that she attend AA; he said this was only a "suggestion" because this is the only low-cost organisation of which he was aware that provided assistance to people with drinking problems.

Mr. Locke also denied requiring her to completely abstain from alcohol for six months; he described this allegation as "ludicrous." He testified that he told Ms. Drew she must abstain from drinking during working hours and not come to work smelling of alcohol because it was unprofessional and bad for business. He testified that he would have a similar concern if an employee came to work with bad breath or body odour.

Ms. Drew and Mr. Locke agreed to meet on September 12. At that meeting, she told him that she would not agree to his conditions; he terminated her employment for cause.

The descent of Michael Miller

Michael Miller testified that he hasworkedas a property manager for Locke Property Management Ltd. for six years. When he signed an employment contract with Locke Property Management Ltd. in 2010, the following clause was added: "Drinking on the job cannot be tolerated."

He explained that his former employer, when contacted by Locke Property Management Ltd. fora reference, stated that Mr. Miller's employment had been terminated because of excessive useof alcohol. According to Mr. Miller, this statement was not true. However, as it was no hardship for him to agree to the additional clause, he signed the contract. He believed that the smell of alcohol on the breath of a property manager would reflect poorly on both the employee and Locke Property Management Ltd.

Mr. Miller did not show any signs of drinking on the job; however, he was never one to turn down a drink at office functions and holiday parties. Sometimes he drank more than he intended to drink, and Mr. Locke paid for him to take a cab home.

Over the past year, starting around April 2019, Mr. Miller has been late a few times for the Monday morning meeting. He has also missed a few Mondays altogether, or on other daysshowed up for the Monday meeting and then left to "visit properties" in theafternoon but not

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accomplished as much as he used to in regular maintenance and showings. On some afternoons it is not clear he accomplished anything at all.

Mr. Locke had been very satisfied with Mr. Miller's job performance until all of this beganhappening. He feels that Mr. Miller is starting to take the job for granted and slack off, and itbothers him. He had actually hired Ms. Drew in hopes of training her as Mr. Miller's replacementshould his performance not return to its former standard.

Mr. Locke met with Mr. Miller to discuss some missed deadlines and generally sloppy work. Mr. Miller had a bundle of excuses for why each of the issues happened, and avoiding taking responsibility for them. He even blamed a co-worker with whom he used to get along well, indicating that his interpersonal relationships were becoming strained.

Mr. Locke has lost patience with Mr. Miller and is considering termination.