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Drug and alcohol policy saves business

Unfair DismissalJanuary 20, 2015

Drug and alcohol policy saves business (Last Updated On: January 20, 2015)

A car salesman who was caught giving a presumed cocaine substance to a young female co-worker has lost his unfair dismissal claim. The car salesman from Stewart Automotive Group in NSW claimed that his dismissal was unfair, unjust and unreasonable.

The young female co-worker was offered the substance, which she assumed to be cocaine, when she was only a new recruit. It was alleged the salesman invited the girl into his company car during work hours where they both ingested the white substance. Following an investigation led by the company the salesman was dismissed.

The salesman denied the allegation saying that he “denied taking any drugs in the workplace on that day, or any other day, or invited his co-worker to his car”. However the young girl gave evidence saying that “she accepted the drug but later found that it had little effect on her”.

During the case the car salesman claimed that the business owners dismissed him because there was not enough work at the dealership for both him and another salesman. The second salesman being a personal friend of the senior manager appeared to benefit out of the drug allegation and the dismissal of the accused.

Stewart Automotive Group won the case because they were able to “provide a valid reason for his dismissal” as they had credible reasons for his dismissal which were:

  • A drug and alcohol policy in place which prohibited employees from consuming or being under the influence of alcohol or any illegal substance while at work;
  • All colleagues were aware of the policy before engaging in the relevant misconduct;
  • The business owners investigated the incidence and found that the young girl was a credible witness who gave clear, firm and responsive evidence.

If you are a business owner and you are unsure of the relevant steps to take in order to investigate the misconduct of any of your staff call Employsure today on 1300 651 415 or fill in the form below. In a moment of crisis or an incidence which needs immediate response Employsure is available 24/7 to walk you through the steps to rectify any employment problem or issue.

If you have any further questions on our services our highly qualified legal advisers are ready to take you call.

*Information sourced via Smart Company website.

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