A recent Federal Court decision has reinforced an employer’s right to rely on a no tolerance drug policy to dismiss an employee for breaching the policy.
The employee worked in a major Australian city as a ferry-master, where he crashed the ferry while approaching the port. The day before the incident, the ferry-master had smoked marijuana for pain relief purposes. The ferry-master was aware that the employer had a zero-tolerance drug and alcohol policy, and its application in the workplace, but still decided to work the shift.
After the ferry-master crashed the vessel, an investigation was undertaken and it was determined that the ferry-master was in breach of the employer’s zero tolerance policy. He was then sacked.
The ferry-master appealed to the Fair Work Commission and the matter was finally settled by the full bench of the Federal Court of Australia. In its decision, the Court decided that the employer was entitled to rely on its zero-tolerance policy to dismiss the employee.
This decision is a helpful reminder for employers seeking to rely on non-compliance with zero-tolerance policies when dismissing employees, that the application of the policy and an employer’s entitlement to rely upon it to dismiss an employee will hinge on whether it has been brought to the employee’s attention on a regular basis.
If you are wanting to know more about how to effectively dismiss employees or prepare an appropriate zero tolerance drug and alcohol policy for your workplace, please contact Chris Morey or Adam Foster on (03) 9629 9629.
