A truckie has been awarded more than $34,000 in compensation from his former employer despite admitting he smoked marijuana just three days before returning a positive roadside test while behind the wheel.
The HC driver was pulled over by NSW Police on a Wednesday morning in early May last year, where he tested positive for a prohibited substance.
The truckie admitted to his employer Sleepeezee Bedding Australia that he’d smoked the pot “socially” the prior weekend.
Despite this, the company prepared a termination letter dated May 9 – four days before a disciplinary meeting was held – and gave it to the driver immediately after that meeting on May 13.
He then took the matter to the Fair Work Commission (FWC), arguing he was not impaired while working and had been denied procedural fairness after the initial test.
Commissioner Trevor Clarke sided with the truckie this week, finding Sleepeezee had moved with undue haste and had effectively pre-determined the dismissal before properly putting its concerns to the driver.
The termination letter stated the driver had breached the company’s drug and alcohol policy and posed a serious and imminent safety risk to other road users. However, the FWC was not persuaded that either claim was supported by evidence.
“There was no proof that the applicant was impaired,” Clarke’s decision noted, pointing out that a preliminary roadside test alone could not establish influence or risk, particularly when the cannabis use had occurred more than a day before the driver resumed work.
The FWC also examined the company’s drug and alcohol policy, which prohibited being under the influence of drugs while working, but required evidence of impairment. No such evidence was presented.
“I find that the Applicant’s dismissal was harsh and unreasonable,” noted Clarke.
“A valid reason has not been provided, and the Applicant was not given a reasonable opportunity to meet the concerns that the employer knew it wanted to raise with him.
“The employer was negatively impacted by the Applicant’s off-duty poor decision making, but not to an extent that justified termination. The response by the employer was disproportionate.”
Based on his average earnings of $1720 per week, the commission estimated the driver would likely have remained employed for a further six months had he not been dismissed.
That amount was reduced by 30 per cent to account for the impact of his conduct on the employer, resulting in compensation of $31,304 plus $3600 in superannuation.
The total payout was ordered to be made within 28 days.
Big Rigs has approached Sleepeezee for comment.
so, basically what they are saying is drug use behind the wheel is completely fine and a company can’t sack staff to protect themselves as well as fellow road users…. what is this country coming too, we need to wait until someone is seriously injured or worse before drug drivers can be dealt with? maybe a 2yr loss of licence first offence, 5yr second offence for drug drivers might get the message across but then still need to catch them in the act. Any serious accident that this clown causes, the FWC should be held accountable for their part allowing use of an illegal substance against a companies policy cant be dismissed by this muppet… Absolute garbage scum putting road users at risk thinking about their own entitlement before anyone else. he deserved to be sacked and loose his licence for extra measure.
So the roadside drug test is not proof?
Stoned HR driver coming to a school zone near you!
Blood is on your hand Trevor Clarke!