FWC SLAMS SYDNEY TRAINS: REINSTATES WORKER

The Fair Work Commission (FWC) has reinstated a Sydney Trains worker who got fired for using cocaine while on leave. The employer didn't clearly communicate its drug testing policies and didn't consider earlier criticism of its policies. The worker, a group leader with a clean record of 26 years, tested positive for a cocaine byproduct, but experts confirmed it wouldn't have impaired him at work.

The FWC criticized Sydney Trains for blindly trusting the test results without considering impairment and for not learning from past criticism of flaws in how the drug policy was implemented and the lack of clarity in informing employees about it. The Commission ordered the worker's reinstatement but reduced his lost pay by 20% due to the failed drug test.

Reece Goodsell v Sydney Trains [2023] FWC 3209 (4 December 2023)

Share Tweet

RELATED

WOMEN’S RIGHTS AT WORK FESTIVAL
The Women's Rights At Work Festival is kicking off next month and we have a packed program. Come together to rally, celebrate wins, get involved in campaigns, learn about your new rights...
Read More
40% OF EMPLOYERS UNAWARE OF POSITIVE DUTY TO PREVENT HARASSMENT
Workplace sexual harassment is a serious and persistent problem directly impacting one in three employees. As well as causing significant personal harm, it costs the economy more than $3.8billion per year. Evidence...
Read More
THE MENTAL HEALTH IMPACT OF PRECARIOUS EMPLOYMENT
Recent research confirms the negative effects of precarious employment on employee’s mental health. Research using fifteen years of data shows that hours worked, employment status and perceptions of job security and control...
Read More