Australia’s Fair Work Commission has affirmed that in safety-critical industries, a positive drug test can be a valid reason for dismissal, even without signs of impairment. As with all dismissals, the circumstances and mitigating factors must be considered prior to a dismissal. A blanket “zero-tolerance” approach may lead to unfairness in certain circumstances. The FWC emphasizes the importance of clear drug and alcohol policies that outline testing guidelines, non-compliance, off-duty use, and handling of positive results and policy breaches.
