An employer arranged for drug testing of employees, and set a cut off level for standing down employees of 50 nanograms per milli-litre of urine. 

Workers who scored less were allowed to continue at work as they were not impaired by the illegal drugs.  Workers over the limit were on suspension without pay to attend rehabilitation. 

One worker who scored 48 was dismissed even though she was under the cut off limit, and not allowed to attend the rehabilitation programme which was offered to other workers over the limit.

The employer refused to reconsider because the employee had a history of absenteeism.

The Employment Relations Authority awarded $5,100 lost wages, and $5,000 compensation, because the employer failed to treat workers consistently, and for dismissing the employee when she had not failed the company-imposed limit.

If you set rules then you must stick to them, and you must treat employees equally in the application of those rules.  If you need help developing or implementing drug testing processes give Alan Knowsley a call.