Negative self-tests using work site's kits contradicted positive workplace testing
The Fair Work Commission (FWC) recently examined an unfair dismissal claim involving a mobile plant operator who argued his termination was harsh after returning positive drug tests despite conducting negative self-tests before attending work.
The case arose when the worker was dismissed following two consecutive days of testing that revealed THC in his system, despite his belief that he was fit for work based on negative results from employer-provided self-testing kits.
The worker argued his dismissal was unfair because he had proactively tested himself using self-testing units provided by the mine site and received negative results before attending work on both days in question.
He maintained that conflicting policies between his labour hire employer and the mine client, combined with different testing sensitivities, created an impossible situation where compliance with one policy could lead to breaches of another.
The employment relationship involved a labour hire worker employed by WorkPac and assigned to operate mobile plant equipment at a mine site operated by Batchfire Resources.
The worker had been employed since May 2021, operating rear dump trucks with payloads above 200 tonnes and was also authorised to operate dozers.
The worker's employment contract required compliance with both WorkPac policies and the mine site's fitness for work...
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