A truck driver who had an accident while under the influence of cannabis showed that the test results were flawed, but failed to overturn his dismissal.

The cannabis test results were done by a lab not accredited for evidential purposes so the test should have been redone at an approved lab.

However the driver was not dismissed due to a failed test (the employer was intending a final warning) but because he admitted regular cannabis use during the disciplinary meeting.  There was a clear policy covering non-prescription drug use being serous misconduct.

The employer also succeeded in recovering $10,000 worth of damage to the truck based on the driver’s negligent action resulting in the accident (whether or not he was under the influence of cannabis at the time).

If you need help drafting or enforcing your drug & alcohol policies give me a call on (04) 473 6850.