Posts: drug and alcohol policy

It is best practice for employers to ensure that their policies and procedures are properly communicated and understood by employees, especially in circumstances where the policy relates to important topics such as the health and safety of employees.

In safety-critical workplaces, it is essential that employers not only have in place robust safety standards and policies but also that they regularly enforce them and penalise infractions appropriately.

In a recent unfair dismissal decision, the Fair Work Commission has provided support for the position that employees bear the responsibility of complying with workplace policies and procedures and that a failure to do so can amount to not only a valid reason for dismissal but may constitute serious misconduct warranting summary dismissal.

In workplaces where machinery is operated, it is important that the highest level of safety is adhered to. In Bunce v Pmfresh Pty Ltd [2024] FWC 1577, the Fair Work Commission has recently held that an employee’s admitted drug use and poor regard for forklift safety were valid reasons for dismissal.

Although circumstances may be unique to each case, generally, workplace policies will provide employers with grounds for termination when a significant breach has occurred.