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FWC outlines crucial inclusions for "intelligible" D&A policies
A full bench of the Fair Work Commission has set out some minimum requirements for a workplace D&A policy to be considered "intelligible" to the relevant employees, in dismissing an employer's reinstatement appeal.
The case involved a Sydney Trains work group leader who 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 could potentially be detected after he returned to work.
In unfair dismissal proceedings last year, Deputy President Michael Easton found the employee's termination was harsh and ordered his reinstatement.
Sydney Trains appealed, but this week a full bench of the Commission upheld that decision...
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