Worker argues he took drugs during his days off and was unaware that traces would remain in his system
The Fair Work Commission (FWC) recently dealt with an unfair dismissal claim involving a security worker who was dismissed after returning a positive drug test for methylamphetamine and amphetamine.
The worker sought compensation, arguing that the drug testing procedure was unfair and that his dismissal was harsh, unjust, and unreasonable.
The worker contended that he had used methylamphetamine during his days off and was unaware that traces would remain in his system when he returned to work.
He maintained that he was not impaired during his shift and disputed aspects of the testing procedure, claiming it was conducted inappropriately and that others were informed of his positive result.
The worker had been employed as a full-time security guard since March 2022, working primarily overnight shifts at the gatehouse of a distribution centre. His role included monitoring and responding to security incidents and emergencies such as fires and break-ins, requiring him to remain alert and respond promptly to issues that arose.
The circumstances leading to the drug test began when another employee discovered drug paraphernalia in the workplace microwave. On 12 November 2024, a day-shift worker contacted the operations support centre manager stating: "I found a bong in the microwave oven just now." This discovery prompted concerns...
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