Clear Evidence Required for Genuine Dismissal Due to Intoxication at Work
18 June 2024
This article discusses the complexities of terminating an employee suspected of being under the influence of drugs or alcohol. It highlights the importance of clear procedural and evidentiary requirements for such dismissals.
The case of Baydon Johnson v. Faulkner Farming Pty Ltd illustrates these issues. Mr. Johnson, an Assistant Manager, was dismissed for allegedly being intoxicated at work, but the employer failed to conduct a blood alcohol test and allowed him to drive home, undermining their case. The Fair Work Commission ruled the termination unfair due to insufficient evidence, awarding Mr. Johnson compensation. The article emphasises the need for employers to supplement their Drug and Alcohol Policies with proper testing and documentation methods to ensure procedural fairness in dismissal cases.
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