At Integrity Sampling, we always emphasise the importance of businesses having a detailed and robust workplace drug and alcohol management plan. Additionally, it’s crucial to consistently follow the policies and procedures to help prevent potential conflicts with employees and mitigate legal issues.
Employer deviates from their drug and alcohol management plan but still wins case
Having a workplace drug and alcohol management plan in place and following it consistently is wise advice. However, as demonstrated by a recent case before the Fair Work Commission, not following the policy to the letter of the law doesn’t always lead to the business losing a court case.
As highlighted in an article on the Lexology website, the case involved an employee who was dismissed following a positive drug test result, his third positive test in just over 12 months. The employee challenged his dismissal, asserting that the company had deviated from its own policy during the testing and disciplinary process. He claimed that these deviations invalidated his termination and that his dismissal was unfair.
It was true that the stevedoring company did deviate from its policy. The policy stated that a ‘show cause’ process could only be initiated if an employee committed three breaches in 12 months. In the case of this employee, the third breach was 12 months and eleven days after his first positive drug test.
However, the Fair Work Commission ruled in favor of the stevedoring company. It found that while the employer had deviated from its stated policy in some areas during the testing and dismissal process, it had acted reasonably overall. The employee’s dismissal was justified, particularly because he was working in a hazardous environment, understood the drug and alcohol management plans and attended work on three occasions with methamphetamines in his system.
A win for the company… Or was it?
While on the surface the case was a win for the company, you could argue there were no real winners. Certainly the employee didn’t win, but the case required the company to use extensive legal resources and time to reach a resolution. There’s also reputational damage to consider.
Which underpins the important advice to establish robust and clear workplace drug and alcohol management policies and follow them consistently. These policies should cover all aspects of drug and alcohol testing, disciplinary actions and employee rights. Having a comprehensive policy serves several purposes:
- It promotes a safer working environment by deterring substance abuse.
- It provides clear guidelines and expectations for employees.
- It safeguards employers against claims of unfair treatment or wrongful dismissal.
- It demonstrates a company’s commitment to workplace safety and legal compliance.
Key takeaways for employers
The case involving the stevedoring company provides some valuable lessons for employers:
- Always adhere to your workplace drug and alcohol management plan as closely as possible. Deviations can lead to disputes, even if you believe your actions were reasonable.
- Policies should not be static. Regularly review and update your drug and alcohol management plans to ensure they remain relevant and aligned with current laws and workplace needs. Consultation with employees during this process fosters cooperation and transparency.
- Consistency in applying policies helps protect your business from claims of unfair treatment. Employees are more likely to accept disciplinary actions if they perceive that rules are applied fairly and consistently.
- Even if an employer wins a case, it’s likely to be costly and time-consuming. Avoiding disputes through diligent adherence to policy is the most cost-effective approach.
Integrity Sampling is dedicated to helping businesses implement and maintain robust workplace drug and alcohol management strategies. We encourage all employers to ensure their policies are not only robust but also rigorously followed. By doing so, you can reduce the risk of legal issues, protect your employees and promote a safe, productive workplace.
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A robust workplace drug and alcohol management plan is key, but following it consistently is just as crucial for safety and legal protection.
