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My son is an apprentice mechanic in Emerald Qld. Last Monday…

Customer Question
Hi. My son is...

Hi. My son is an apprentice mechanic in Emerald Qld. Last Monday they had random drug testing at his workplace. He failed the testing and was placed on 2 weeks unpaid leave.

Lawyer's Assistant: Was the drug test discussed with a manager or HR? Or with a lawyer?

He went to the Dr surgery that same day and had a controlled drug test that came back negative. His employer has refused to accept this test and advised that he is on 2 week compulsory unpaid leave.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

At will. hourly - full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The testing conducted was not a controlled test and there are known issues with this mobile testing unit giving other false positive tests.

Submitted: 5 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/19/2018
Solicitor: John Melis, Lawyer replied 5 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,542
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 5 months ago

this may be a form of bullying conduct, have you considered this aspect ?

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Customer reply replied 5 months ago
I am just wondering if they can do this? Place him on unpaid leave even when he received a negative test result the same day.
Solicitor: John Melis, Lawyer replied 5 months ago

the employer should be assisting the employe not placing them on unpaid leave

you may have a claim of bullying here.

would you like to consider this option ?

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Customer reply replied 5 months ago
I am just wondering if legally the employer is able to do this? When the first test was a false positive and he has a test from the doctor surgery same day clearing him
Solicitor: John Melis, Lawyer replied 5 months ago

the employer cannot suspend him this ground.

you can raise a valid argument back under the Fair Work Act.

the employee will be protected in this circumstance by the Act

does this answer your important question today ?

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Customer reply replied 5 months ago
Thank you.
Solicitor: John Melis, Lawyer replied 5 months ago

you are most welcome

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars as this supports me helping the community and thank you for using Just Answer.

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Customer reply replied 5 months ago
is there a specific circumstance in the act to refer to?
Solicitor: John Melis, Lawyer replied 5 months ago

you only need to refer to the Fair Work Act as that alone will place the employer on notice

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Customer reply replied 5 months ago
great thank you.
Solicitor: John Melis, Lawyer replied 5 months ago

you are most welcome

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars as this supports me helping the community and thank you for using Just Answer.

Ask Your Own Australia Law Question
Customer reply replied 5 months ago
great thank you. I will go to the employer now.
Solicitor: John Melis, Lawyer replied 5 months ago

you are welcome

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Solicitor: John Melis, Lawyer replied 4 months ago

Do you need any further help ?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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