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Drug and Alcohol Testing – Unfair Dismissal Claim

The recent case of A Driver v A Building Supplies Company is a useful summary of the law in respect of dismissal for breach of a Company Drug and Alcohol Testing Policy.In this case, the complainant employee was dismissed after failing a random drug and alcohol test. He was suspended on full pay pending an investigation and ultimately dismissed for serious or gross misconduct. The employee appealed the decision to dismiss but the appeal was upheld.The Workplace Relations Commission found“There is no doubt that the Complainant smoked an illegal substance prior to undergoing the initial test, he admitted to so doing. Such an action is specifically proscribed in the Respondent’s policies. Considering the Complainant’s safety critical role, I find that the Respondent’s decision to dismiss falls within the aforesaid range of reasonableness”.

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