Drug testing in the workplace presents a delicate balance between an employer’s right to maintain a safe and compliant workplace and an employee’s statutory employment protections. The issue is particularly important where an employee tests positive for a narcotic substance but there is no evidence that the employee was intoxicated or affected during working hours.
This issue was recently considered by the Egyptian Court of Cassation in Appeal No. 4085 of Judicial Year 93 (Labour), concerning an employee whose periodic drug test revealed tramadol use. Although the test was positive, the employee had not been found intoxicated or affected while at work. The Court ultimately rejected the employer’s claim for termination.