Drug and alcohol policies in the workplace

Drug and alcohol policies in the workplace

A Christchurch carpenter who was fired after smoking marijuana on a building site has been awarded $13,760 compensation, in a decision released by the Employment Relations Authority.

The Court takes drug and alcohol abuse in the workplace very seriously especially where there are health and safety implications. But the Court will also expect employers to state their expectations up-front, prove the offence, and follow with a clear process.

Adam Gallagher, an employment law specialist with Duncan Cotterill, says employers need to be prepared to deal with illegal drugs, inappropriate use of prescription drugs, and alcohol.

As well as looking out for the safety and well-being of all employees in the business, the employer also needs to juggle the rights of the employee accused of a drug or alcohol breach, including the right to privacy, getting a drug test, and then deciding how to act on the results.

The key messages for employers in this case are: investigate allegations; and give the employee an opportunity to respond before making a final decision. The more serious the allegations and the consequences, the greater the degree of scrutiny on the employer's decision-making process.

Employers should also consider having in place a drug and alcohol policy.

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