When it comes to drug testing, a laboratory-confirmed positive isn't always an open and shut case for dismissals. If an employee believes they have been unfairly terminated they are well within their rights to seek remedy with the Fair Work Commission. This process could open an investigation into all facets of your drug and alcohol policy ranging from terminology to the enforcement of consequences. Depending on the findings of these investigations, Fair Work has the power to overturn a dismissal and order the employee be reinstated and/or compensated.
Some examples of employees being reinstated/paid out after testing positive for drugs or alcohol are¹:
Have one clear policy and make sure it's effectively communicated, click here
Be sure that sanctions are in line with your policy, click here
Of course, not all cases end up as unfair dismissal, the examples provided are cautionary cases which demonstrate not only the importance of having a sound drug and alcohol policy but also acting within the guidelines of your procedures.
¹Cases provided are owned and copyrighted by The Commonwealth of Australia as represented by the Fair Work Commission. These and all other articles can be found https://www.fwc.gov.au/
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