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QLD Illegal Drugs Testing in the Workplace?

Discussion in 'Employment Law Forum' started by Anthoney Long, 10 May 2015.

  1. Anthoney Long

    Anthoney Long Member

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    At the end of last year, I was accused of doing drugs at work, which was a false claim. I was told the only way for the issue to go away was to submit a drug test. I was also told that there were people willing to back up the claim. I have issue with the fact that the people that were claming this were nameless and I was told that I would not be told who they were. Also, I have checked my employment contract and in there there is nothing about submiting a drug request by demand. I used to work for Coles (the company in question).

    I was forced to leave about two weeks before Christmas. I have also had trouble finding work since then as in have two trades and no one will give me an interview.

    What are my employee rights, what can I do?
     
  2. Ivy

    Ivy Well-Known Member

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    Hi there,

    1. Did you submit the drug test? If so, what was the result?
    2. Why were you "forced to leave"? Were you fired? What was the reasoning your employer gave you?
     
  3. Anthoney Long

    Anthoney Long Member

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    no i ended up leaving as i was upset by the hole situation ,ddt take the the test at all as there was nothing in my work agreement saying i must.I was pushed to my limits so i quit,but i have people willing to back me up saying i was set up
     
  4. Ivy

    Ivy Well-Known Member

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    It is my understanding that if an employer has a reasonable suspicion that their employee is engaging in illegal conduct (for example coming to work under the influence of drugs) then it may not be unreasonable to ask them to voluntarily submit a drug test to clear up the suspicion. If they had fired you for refusing the test then that may give grounds for an unfair dismissal claim. However you left before Christmas and we're now in May so you're well past the application deadline for unfair dismissal.

    Alternatively, you may have grounds for a defamation claim. What is the primary reason that you cannot get an interview for another job? Is it because false rumours have been spread about you taking illicit drugs?
     

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