VIC Job Offer Retracted After Employment Contract was Signed?

[Scamp]

My son recently went for a position whereby he was required to do several tests - i.e. weld test - physical and a drug test. The drug test showed up Valium, which he'd already stated on the drug test questions, stating he'd been prescribed for a pulled muscle in his back he sustained several weeks ago - which was now fine.

The employment agency spoke to him about it too and all was fine and that he had secured the position and would need to do an Induction which took place on the Friday of last week where he signed an employment contract.

He was asked to start on the Monday just gone but advised that as he only found out about securing the new position - needed to give notice at his current employment and would be able to start on Thursday (yesterday). That was fine and everything was in place, until late Wednesday afternoon when he received a phone call from the employment agency whom said the new employer had rescinded the job offer as they questioned the drug test feeling it was covering an "underlying issue" - which it wasn't. The muscle issue was fixed and fine...

What legal recourse is there he could pursue?

Thanks in advance.

 

[Rod]

If the employer also signed, your son has multiple rights that have been breached, either under contract law, or the Fair Work Act (FWA).

If you choose the FWA you have 21 days to initiate a claim at the Fair Work Commission and can be DIY. If you choose the breach of contract path there is no hurry and you will likely need a lawyer and possibly go to court.

In the meantime your son should see if he can get his old job back. This step is important if you go down the contract path, less so when making a claim at the FWC.

The defence of being unfit for work, based on your post, is unlikely to stand up to scrutiny.

Potentially easier under FWC, possibly more damages under breach of contract.

If the employer didn't sign, evidence of implied acceptance will be needed.

 

[Rob Legat - SBPL]

I’d also add to get a letter from his doctor clearly stating the circumstances of the prescription and the relevant time periods.