Zero tolerance drug policy sets strong ground rules on gas rig

Key Points:

Dismissal of an employee who tests positive for drugs may, at least in the context of safety-critical work, be lawful and reasonable.

The Fair Work Commission has made clear that immediate dismissal for drug use at work can be justified in a high-risk work environment with a zero tolerance drug policy in place.

Background

Ensign Australia Pty Ltd, the operator of Santos Moomba Gas Fields, summarily terminated an employee after he returned a positive test result for drugs upon presenting for work on 30 August 2015. The employee, Mr Hafer, had been employed by Ensign for three years as a Derrickhand, performing drilling services at the gas fields. He contested his dismissal on the basis that it was harsh, unjust and unreasonable (Hafer v Ensign Australia Pty Ltd [2016] FWC 990).