Termination of Employment for Failing Random Drug Test Upheld
Where safety is a critical component of an employee’s duties, employers’ drug and alcohol policies are more likely to be enforceable. The Full Bench of the Fair Work Commission recently upheld the termination of employment of an employee who returned a positive test for cannabis in a random drug test. Employer policies, which provide for disciplinary action including dismissal where an employee tests positive for cannabis may, at least in the context of safety critical work, be judged to be lawful and reasonable. Make sure your drug and alcohol policy expressly states that disciplinary action including dismissal will be taken where an employee fails to comply.