The termination for failing a random drug test of an employee of a company involved in the maintenance and service of baggage carousels at Sydney Airport has been upheld by the Fair Work Commission, says an article written by Tim Greenall for the Madgwicks Lawyers website.
By upholding the termination of employee for positive drug test, the FWC, sitting with a full bench, has effectively dismissed the unfair dismissal claim filed by the employee in question. The commission also stated that the positive test result constituted serious misconduct, and provides a valid reason for the employee’s sacking.
The employee, whose duties included “safety sensitive aviation activities”, maintained he only smoked a single marijuana joint with friends the Saturday before the test, and that it was done while off-work. The FWC, however, pointed to the fact that he showed up for work with cannabis levels above the acceptable threshold, and that was deemed to be “at work” conduct and in violation of the employer’s drug policy.Read More