The following paper was prepared by Olivia Williamson, Special Counsel, HopgoodGanim Lawyers for the Queensland Environmental Law Association Conference 2019 themed “The Greater Good”.
Can an employee be dismissed for a positive drug test when not (obviously) impaired?
In this article, we discuss a recent court decision involving an employee returning a positive drug test, but it is unclear whether they were impaired, and the importance of having a clear policy that is communicated to employees.