Extended lunch triggers testing request lacking clear justification and procedures
The Fair Work Commission (FWC) recently found a manager's dismissal for refusing a drug and alcohol test was unfair, despite acknowledging the refusal breached company policy.
The case arose when the head office worker refused to undergo breath testing after attending a lengthy lunch with colleagues, arguing the request lacked clear justification and proper procedural foundations under the employer's drug and alcohol policy.
The worker argued she was unfairly dismissed after being ambushed with a test request that shifted from random to suspicion-based without a clear explanation of the grounds.
The employer defended the dismissal as justified misconduct, arguing the worker's refusal to follow a lawful direction breached both the drug and alcohol policy and her employment contract.
The incident commenced on 10 April 2025 when the worker attended a four-hour lunch with two colleagues at licensed premises near the workplace.
Upon returning, one colleague displayed disruptive behavior and immediately resigned when asked to undergo breath testing, prompting management to consider testing the remaining lunch participants.
A safety manager suggested testing the other two attendees based on perceived behavioral changes and duty of care obligations.
The worker was observed speaking loudly and asking about the date, though these behaviors did not...
DUBAI, United Arab Emirates (AP) — Iran said Wednesday it executed a man it alleges spied for Israel, something disputed by activists who say he was tortured into a false confession after writing ...