Posts: drug and alcohol test

Employees have a duty to comply with their employer’s lawful and reasonable directions made under certain workplace policies. However, if an employer fails to apply their policies fairly, then the direction may be found not to be reasonable or lawful and any subsequent disciplinary action for non-compliance with that direction may found to be unfair.

In a recent unfair dismissal decision, the Fair Work Commission has provided support for the position that employees bear the responsibility of complying with workplace policies and procedures and that a failure to do so can amount to not only a valid reason for dismissal but may constitute serious misconduct warranting summary dismissal.