Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 69/04
Hearing date 31 Mar 2004
Determination date 21 June 2004
Member H Doyle
Representation C Fisher ; L Brook
Location Christchurch
Parties Wilson v GRD Macraes
Summary UNJUSTIFIED DISMISSAL - Two positive drug tests within 12 month period - Drug and alcohol policy had been introduced - Applicant worked in safety sensitive area - Signed acknowledgement that had read policy - Random testing - Dispute whether formal written warning after first occasion - Satisfied applicant knew consequences of second positive test - Applicant did not accept rehabilitation offered - Dismissed after second positive test - Alleged mitigating factors including pressured to smoke cannabis - Decision to dismiss open to employer in present case - No personal grievance - Senior operator
Result Application dismissed ; Costs reserved
Number of Pages 12
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