REINSTATEMENT ORDERED FOR WORKER SACKED AFTER DRUGS TEST

A company has been ordered to reinstate a worker sacked after testing
positive for cannabis when he fell out of a tree.

Stuart McLeod, who had worked for Transfield Services for five years,
had the accident while pruning a tree on south Canterbury on April.

He was required to undergo a drug and alcohol test which showed
marijuana.

At a disciplinary hearing, Mr McLeod acknowledged marijuana use over
the previous month.

He apologised and agreed to testing and rehabilitation
conditions.

A second meeting was scheduled when results of a second test also came
back positive.

A third test two weeks later tested negative and Mr McLeod returned to
work, and started attending an employer assistance programme.

A third meeting was then held at which Mr McLeod was given a dismissal
letter that said his "use of drugs and being under the influence of
drugs while in the workplace led to an unacceptable risk of accident".

However, the Employment Relations Authority in a decision released
today found the dismissal out of line with the company's policy.

"Transfield is obliged by its policy to offer referral to a substance
abuse professional for assessment as part of investigating and
deciding on the specific circumstance relevant to any decision to
dismiss," ERA member Philip Cheyne said.

Transfield did not accept that Mr McLeod had not used cannabis in the
two weeks preceding the accident, he said.

"That is why the dismissal letter says that drug use led to the
accident.

"Before reaching conclusions such as these, a fair and reasonable
employer would have complied with its policy and offered the employee
a referral for professional assessment."

Mr Cheyne ruled that Mr McLeod had been unjustifiably dismissed and
ordered he be reinstated.

The company was also ordered to pay Mr McLeod for his loss of earnings
during the three-month period.