A man smokes marijuana inside his apartment where he uses a hydroponics system to grow his weed in Mexico City in 2013.The Associated Press
Dear Corporate Governess
An employee was recently prescribed medical marijuana for his disability. While he doesn't smoke in the office, he does use it during the workday, and it's affecting his performance. What rights do I have to monitor when he lights up?
—George H., Toronto
Dear George
Unfortunately, there's no one-size-fits-all answer to this one, so I asked Shelley Brown, an employment law lawyer with Steinberg, Title Hope & Israel in Toronto, for advice. "The law requires that an employer accommodate an employee's disability up to the point of undue hardship—a very high bar for employers," he says. "There's an obligation to allow an employee to do what's necessary from a medical standpoint to ameliorate his or her disability." At the same time, your toking staffer has to provide value for money, and is obligated to tell you the nature of the disability and how often he needs to medicate so you can accommodate. "If an employee needs to smoke up three or four times a day to deal with a disability, an employer is entitled to know that and has to take it into account," says Brown. "You should be able to sit down with your employee and discuss what the nature of the accommodation ought to be and what may be necessary to assist him in maintaining your work standard." If the employee doesn't co-operate, you could be entitled to take measures including suspension or limiting how often he can smoke.
But dealing with employee disabilities requires immense sensitivity, because they are so individual. Brown's bottom-line advice: "It's a minefield. You really should seek the advice of a lawyer before taking any steps, whether you're an employer or an employee."
Dear Corporate Governess
I've been handed my dream job. The trouble is, they demoted the popular manager who held the role before me. How do I get the team on my side?
—Elle B., Calgary
Dear Elle
I thought I'd never watch The Daily Show after Jon Stewart left, but Trevor Noah won me over, one joke at a time. My point: Be patient. I'd start with a staff meeting to introduce yourself. And make sure the entire team is welcome. If possible, get the former manager on board to help with the transition. A few kind words of endorsement might be tough to ask for, but it could make all the difference. Give props to your predecessor's accomplishments, but let the team know you have a fresh vision you want to share. Then work on developing individual relationships. Once they see you don't have two heads, they'll soften.