2nd March 2010, 02:24 PM
grindlecat Wrote:you cannot be sacked for refusing a drug test. you may open yourself up to disciplinary action and a warning, but you cannot, legally, be sacked. the tests may well show a positive, but the bosses have to proove you were using 'at work', and not the night before [or whatever...]
Sorry Grindlecat, patently not true. If an employer follows an established disciplinary procedure you could be legally dismissed for any offence which breaks the terms and conditions of your contract. This might include random drug testing. A number of recent cases involving airline pilots, train drivers, and members of the armed forces ave demonstrated such procedures in action. Whether the inebriation or intoxication occurs inside or outside of work is irrelevant (otherwise you could argue that getting pissed during lunch break is fair as it is your own and not employment time), it is whether you are deemed to be capable of undertaking your duties that matters. In reality most employers faced with such situations would be wise to issue due warning and instigate a period of probation and review to enable the employee to seek treatment for their 'problem'.
Oh and by the way your final sentence is out of order and offensive as far as I am concerned.......
With peace and consolation hath dismist, And calm of mind all passion spent...