Log in or become a subscriber

A Fair Work Commission Deputy President was wrong to state that an employer had to demonstrate a risk of impairment when dismissing a worker who failed a dr-g test, but this didn't affect his overall finding that the sacking was harsh, a full bench has ruled.

The bench also set out some crucial elements to include in drug and alcohol policies and training, to reduce the likelihood of disciplinary action being deemed unfair.

The Sydney Trains work group leader was sacked in September 2022 after a random drug test showed he had cocaine metabolites in his system. The employee claimed that four days earlier, while on approved leave, he had tried cocaine for the first time with some friends and wasn't aware it might be detected after he returned to work...