I read that a contracted NZ Truck driver, has won $32k in compensation for unjustified dismissal.. after a ‘work place drug test’ came back positive for Cannabis. The report says that the company failed to follow their own guidelines (sacked him without any offer of rehabilitation). It was stated that; ‘(the company) said the failed test was serious misconduct and warranted immediate dismissal.’
The company failed to properly investigate the matter; as to whether the driver was a regular cannabis user or even maybe it was a ‘one-off’ event. There was also the comment that he may have, inadvertently inhaled ‘second hand smoke’ at a recent party (outside the work environment).
Subsequently an independent toxicologist found that he was an infrequent user, BUT was not intoxicated whilst working. Since losing his job, the man had gotten into a large debt to pay his ongoing bills.
*this just confirms the often held belief about ‘GUILTY until proved innocent‘ on many drug charges/issues.
This mirrors a story; I heard many moons ago, about a teacher who was dismissed from a 20 year teaching career, after a ‘random drugs test’ returned a positive result (cannabis).. again the ‘accused’ claimed, it was likely from ‘second-hand smoke’ at a party.. but was not believed. He subsequently won his case too, when it was discovered that the level of ‘active ingredients’ in his blood or urine sample was so low, it could well have been as he stated.
There are still those who believe that even the tiniest amount IS PROOF of ‘illegal drug use’.. zero-tolerance.. end of discussion !! 😦
This B-S has to STOP..