In Morin v Gulf Operations ( 2015 CarswellNB 433) the Plaintiff gave a urine sample to a nurse as part of a random drug test. When he handed the sample to the nurse she noticed it was cold so he was asked to retake the test, which he did and passed. The Company took the position that the plaintiff had attempted to alter the first test by adding a foreign substance to the sample and without asking his side, fired him. At trial, the Plaintiff testified that he had snow on his clothes, which may have fallen into the sample and lowered the temperate of his urine sample. Just cause was not upheld, in part because of the failure of the employer to ask the Plaintiff his side of the story and because he had previously passed about 8 drug tests.
Although this was not mentioned in the judgement, if his second urine sample was clean, why would he try to falsify his first sample when he would have known that he had no illegal drugs in his system?