A worker who was given a random drug test and then sacked has been awarded substantial damages, and lost wages, by the Employment Relations Authority.

The ERA held that the employer could only drug test if they had good cause to suspect the employee was affected by drugs/alcohol, as there was no right to random tests in the employment agreement.

The employer also failed to give the employee an opportunity to have input before it suspended him without pay prior to the sacking.

If you want the right to random drug test employees then it must be in their employment agreements. If you need help drafting a suitable clause for your employment agreements give Alan Knowsley a call.