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Council employee was driving a work truck when another vehicle ran a stop sign and collided with the truck. The employee passed a roadside alcohol test conducted by the Northern Territory Police, but was then asked to take a private drug and alcohol test after the incident, in line with the Council’s drug and alcohol policy.
The test was positive for cannabis constituent, tetrahydrocannabinol (THC), and further analysis revealed a reading of 73 times over the limit. The worker was immediately suspended and subsequently dismissed because of the seriousness of his breach of the Council’s zero tolerance policy.
While the policy provided for consequences ranging from suspension to termination, Commissioner Wilson found that because the policy was clear and well-known, there was a valid reason for summary dismissal. Although the worker had not caused the accident, the act of driving a heavy vehicle on a public road under the influence of drugs was considered an “extremely serious breach” of its policies.
The Commissioner dismissed the unfair dismissal application after assessing the safety-critical work that the employee undertook and the hazard posed by his substance misuse.
Lessons learned
All workplaces operating in high risk environments should have a clear and comprehensible drug and alcohol policy in place. The policy should provide time frames for when testing can be conducted and the consequences of policy breaches.
Employee education, knowledge and understanding of the policy are critical for effective implementation. If an employee has not been adequately notified or educated on the policy, then they are less likely to follow it.
If a breach occurs, the seriousness of the breach holds significant weight in determining the appropriate response. In the above case, the workplace environment together with the exceptionally high presence of THC, formed the basis for summary dismissal.
If you have any further questions for Luke, or for more information about effectively implementing drug and alcohol policies, get in touch.
Luke Holland
Partner
Sparke Helmore Lawyers
T > 08 8415 9875
E > luke.holland@sparke.com.au
1 Manning, M., Smith, C. & Mazerolle, P. (2013). The societal costs of alcohol misuse in Australia. Trends and Issues in Crime and Criminal Justice. 454. Canberra: Institute of Criminology. - See more at: http://www.druginfo.adf.org.au/fact-sheets/alcohol-and- drugs-in-the-workplace