Essential to have your policies in place
Feb 2016 – Employment Court case, a worker was unfairly dismissed after refusing a drug test following accusations from a co-worker. The employer had no existing drug testing policy at the time and hastily introduced one the day after the accusations. However, they failed to provide the worker with a copy to seek advice on and only allowed her to read it overnight.
When the worker refused the test, disciplinary action was taken, resulting in her dismissal. The Court found this to be unjustified, as the employer acted in bad faith by retroactively implementing the policy and failing to follow proper procedures. The dismissal was deemed both procedurally and substantively unjustified.
The worker was awarded $10,000 in compensation (with a 10% reduction for contributory behaviour) and six weeks’ lost wages. This case highlights the importance of having clear drug testing policies in place and ensuring fair procedures are followed to avoid unjustified dismissals.
In 2019-NZEmpC-129-A-v-N-Ltd-Judgment, the employer failed to have a drug policy in place before it was needed. If a proper policy had been introduced through a fair consultation process, the situation may have been avoided.
Sim v Carter Holt Harvey [2014] NZERA Christchurch 81, drug testing was conducted at the Eves Valley Sawmill site after two cannabis plants were found outside the facility. Reasonable cause (RC) testing requires suspicion, meaning there must be evidence of an employee’s appearance, actions, or behaviour that suggests they are under the influence of drugs or alcohol. In this case, Carter Holt Harvey wrongly conducted the RC testing without proper evidence and was ordered to pay $200,000 in damages.