Worker challenges termination, claims over-the-counter medication caused collapse but won't specify substances
The Fair Work Commission (FWC) recently examined an unfair dismissal claim involving a worker who was terminated for failing to submit to a drug test following a workplace incident.
The case arose when the worker became unconscious at work for over an hour and required paramedics to wake him, leading to concerns about drug use and a subsequent direction to undergo testing.
The worker argued his dismissal was unfair, maintaining he had only taken over-the-counter medication for hay fever and a headache.
He claimed personal circumstances prevented him from complying with the drug testing direction and that too much time had passed since the incident for any meaningful test results. The worker sought reinstatement to his former position.
The employer contested the worker's claim, arguing the dismissal was justified due to his failure to comply with a lawful and reasonable direction to undergo drug testing.
The company maintained that the worker's evasive responses about what substances he had taken, combined with his refusal to take the test, warranted termination under their drug and alcohol policy.
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