Christopher Toms v Harbour City Ferries  FWC 2327
The Fair Work Commission recently caught employers by surprise when it reinstated an employee who had been dismissed when he tested positive to marijuana use after crashing a ferry into a Sydney Harbour ferry wharf1.
In dismissing the employee, the employer relied on its zero tolerance approach to drug and alcohol use in the workplace. However, the key factor influencing the Commission’s decision was the absence of any evidence establishing a link between the employee’s positive drug test and the ferry accident. There was no proof that the employee was “impaired” at the time of the accident, meaning the employer could not rely on its zero tolerance approach.
In this issue of the Informant, we consider the issue of drug use versus impairment from the perspective of key stakeholders in employee relations and human resources.
Reproduced with permission of FCB Group