Can your out-of-hours activities effect your employment?
When does out-of-hours conduct amount to a valid reason for dismissal in relation to the consumption of drugs and alcohol outside of an employee’s work?
The Fair Work Commission recently contemplated this question in the case of Goodsell v Sydney Trains (2024). In this case an employee tested positive for traces of cocaine after a random drug test at his workplace. The employee had consumed the substance while he was on leave almost 4 days earlier. The employee was consequently dismissed as the employer’s zero drug and alcohol policy required employees to be ‘drug free’ during their employment.
The FWC ruled that the dismissal in this case was unfair and reinstated Mr Goodsell’s employment. This ruling factored in the employee’s pristine employment record of 26 years and the understanding that the employee was not suffering any risk of impairment caused by the drugs or alcohol when they attended the workplace.
The FWC’s decision provides an important precedent. While, reinforcing that a positive substance test can provide a valid reason for dismissal, other factors can be considered in overturning such a decision.
If you would like to know more or require assistance in employment matters, please call Signature Law on 02 4861 2345.
Please note this blog is general in nature and for information purposes only and should not be relied on for legal advice. Should you require advice regarding the information in this email please contact us so we may provide advice specific to your needs and circumstances.
