Lying about drug use at work is bad enough, but using faked drug test results to overturn an unfair dismissal is even worse. That is exactly what a yard truck driver did who had been dismissed by a Melbourne transportation and logistics company.
The case went to the Fair Work Commission where the worker was found out under astonishing circumstances.
Worker dismissed after positive drug test
The decision was handed down by FWC Deputy President Val Gostencnik in Melbourne, citing s611 of the Commonwealth Fair Work Act 2009 as basis for determining the liability of the worker for Toll Holdings Ltd’s legal expenses.
Toll Holdings dismissed the yard truck driver in June last year after a saliva test revealed he had amphetamines and methamphetamines in his system. The worker, however, claimed he saw his doctor right after he tested positive, and a subsequent urine test did not detect any trace of the drugs. He then told the FWC during his November unfair dismissal hearing that Toll sacked him without taking into consideration the urine test that he said turned out negative.
Unfortunately for the yard truck driver, his own doctor told the FWC that the urine test actually detected illicit substances. The negative test result document that the worker presented as evidence had been faked. Upon being found out, the worker moved to discontinue proceedings and drop the matter altogether.
Toll, however, applied for a cost order, and Deputy President Gostencnik ruled, under s611, that the worker should bear the whole amount, which comes up to $18,618.31.
Read the FWC decision in its entirety here.
Submitting faked drug test results pointless
The worker should feel fortunate that he was only made to pay Toll’s legal costs. He could have been fined with much worse charges in court. There really is no point to submitting faked drug test results, because whoever performed the test has records of the actual test results, and this truth is bound to surface sooner or later. This is what happened with this yard truck driver and his doctor, and the same is bound to happen to anyone who tries this tack.
This astonishing tactic goes to show how important it is for an employer to use a solid process for drug testing, including lab-verifying and any and all positive results. Talk to us for any assistance you may require,