In the recent case of Moore v Specialist Diagnostic Services
Pty Ltd t/a Dorevitch Pathology [2016] FWC 5910, the Fair Work
Commission held that an employee was unfairly dismissed in
circumstances where she refused to take a urine test because it was
not in accordance with the employer's policies or Australian
and New Zealand standards.
The Case
The employer received an allegation that Ms Moore, a Collections
Coordinator, was abusing illicit drugs. The HR Department and Ms
Moore's supervisor asked her to attend a meeting during which
they requested her to provide a urine sample.
Ms Moore agreed to provide the sample, however she objected to
her supervisor collecting the sample. She became agitated and
subsequently left the meeting, did not return to work despite
requests and provided a medical certificate stating she would not
be returning to work.
