31/10/2024
Is a Positive Drug Test Grounds for Dismissal? The Fair Work Commission Weighs In
Can an employee be dismissed based solely on a positive drug test, even without evidence of impairment at work? In a recent decision, Sydney Trains v Goodsell (2024), the Fair Work Commission ruled that employers may have a valid reason to dismiss an employee for a positive test result—even if impairment is not proven—particularly in safety-critical industries. However, the case also underscores that long service and a clean employment record can make a dismissal unfair, highlighting the complexities in enforcing drug and alcohol policies. Explore the implications for workplace policy and fair treatment in the full article published by the Employment Law Handbook.
Enforcement of drug and alcohol policies in the workplace tests the boundary of when out-of-hours conduct can be a valid reason for dismissal. The taking of drugs by an employee away from work is only relevant to the employment if it has a connection to the performance of work. That