Tag archives: drug and alcohol policy

The latest from the Fair Work Commission on drug and alcohol policy breaches

Last month, the Fair Work Commission upheld a decision to dismiss an employee for breaching its zero tolerance policy on illicit drugs, confirming the importance of having a clear drug and alcohol policy that is effectively communicated and consistently applied. The employer, Coles Group Supply Chain Pty Ltd (Coles), summarily dismissed Shane Clayton who tested … Continue reading

Does safety have to be compromised to avoid a legal headache?

Under work health and safety laws across Australia, employers have an obligation to provide employees and others (including the public) with a safe workplace.  At the same time, employers are also required to treat their employees fairly, particularly when terminating their employment[1]. Fulfilling both obligations simultaneously often creates a difficult task for employers, especially in … Continue reading

Case Brief: On dismissal of a drug user with an unacknowledged dependency

In 2012, we referenced a case in which a complainant, terminated for breach of his employer’s drug and alcohol policy, failed to establish that the termination was discriminatory: 2012 AHRC 7. The policy at issue in the case distinguished between employees who had voluntarily disclosed addictions and those who were identified only after a breach … Continue reading

Avoiding the pitfalls of hosting a work party in the UK

This post was contributed by Lindsey Hooper, Associate, Norton Rose Fulbright LLP (London)  Work parties over the Christmas period have become somewhat of a tradition in the UK but they can be a real headache for employers. Here are some handy tips for avoiding common “work party” pitfalls. Location, location, location The location of a … Continue reading