‘Zero tolerance’ policies on their own don’t justify dismissal
Managing failed drug and alcohol tests by employees can be challenging. Recent Fair Work Commission cases have upheld that an employee can be fairly dismissed due to a positive drug test, even if the employee does not show any signs of obvious impairment. However, it is not a blanket rule, and the surrounding circumstances must be considered.
In the current environment where it is difficult, if not impossible, to test for actual impairment from drugs and alcohol, it is crucial for businesses to be aware of how to manage these situations.
In the recent Fair Work Commission (FWC) Full Bench in Sydney Trains v. Goodsell, [2024] FWCFB 401, an employee was dismissed for a positive test for cocaine metabolite benzoylecgonine after returning from eight days of annual leave.
The employee worked as a Work Group Leader at Sydney Trains, working his way up from a trainee position over a period of 26 years of good service with no disciplinary history.
The employee admitted that four days earlier when he was on annual leave, he had accepted an offer to try some cocaine but believed it would have cleared his system by the time he was due back at work. He seemed unaffected by any substance during the test and emphasised that he felt completely normal and would have stayed home if he felt impaired.
Confirmation testing determined that the employee’s concentration level of benzoylecgonine was 264 ug/L while...
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