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VIC Employment Law - Dismissed After Testing Positive on Using Drugs

Discussion in 'Employment Law Forum' started by Donald.W, 21 May 2016.

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  1. Donald.W

    Donald.W Member

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    I spent 10 years working at a place and had 1 minor forklift accident 6 years ago. The boss didn't like me so I was transferred 4 years ago but became my boss again 5 months ago.

    There was a random drug test. Before the test said I would be positive for the use of drugs, the others just got a warning and counseling. I got suspend and was told to go straight to my car and drive home.

    It was stupid of me for what I did but is there some kind of employment law against them telling me to drive after testing positive? If the police stopped me or had an accident, wouldn't they get in big trouble also?
     
  2. Tim W

    Tim W Lawyer

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    Not as such.
    Nope. It's all on you.
     
  3. Donald.W

    Donald.W Member

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    Oh ok, thought there would something against it. Would think these days drug/ alcohol tests were the same if tested positive. So there is no duty of care from the employer means nothing when the result is positive.
     
  4. Tim W

    Tim W Lawyer

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    Duty of care is irrelevant.
    Driving offences are committed by drivers.
    If you were too whacked to drive, it's nobody's fault but your own.
     
  5. Donald.W

    Donald.W Member

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    Ok, thanks.

    I understand what you mean. 1/3 of the country is on meds, which affect their driving. There should have same rules. It's too easy to get pills from the doctor these days...
     
  6. Serge Gorval

    Serge Gorval Well-Known Member

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    Lately, there's been quite a lot of discussion on the subject, specifically summary termination for drug detection.

    There're many issues to consider and it could very well be that there was a valid reason to terminate you however the dismissal is nonetheless harsh, unjust or unreasonable.

    Have you considered getting legal advice? Also, there're strict time periods that apply. Don't waste time!
     
  7. Donald.W

    Donald.W Member

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    Yeah, there's a lot more that happened - and yes going through fair work at the mo. Diff rules, diff people- should be all same.
     

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