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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14867
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Gary here Today I had a "near miss" in traffic, swerved

Customer Question

Hi, Gary here
Today I had a "near miss" in traffic, swerved to avoid car coming from drive and carried on to work, I advised the boss. I've also tried to retract a contract I signed pertaining to the companies new random drug testing. I was told I will have to do a drug test tomorrow morning, I smoke pot on a daily baises after work, I've been employed as a plumber with this company for over 16 years, no accidents, and one verbal warning when I disputed the methodology and walked out of the meeting with our drug test company. Am I best to refuse test or do test. I'm very keen to fight to allow me to keep my rights of privacy, I have no problem with testing for impairment at work, not drug use outside work. I can email my works drug policy
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.
If their policy says no drugs and you fail, then this will be grounds for dismissal. Whatever your views of whether this should be legal or not, your employer is entitled to have a drug policy, and to require zero tests. If the policy says this is a sacking offence, then you may be dismissed. If you fail the test. This has nothing to do with the quality of your work, but has been supported in the cases on drug policies.
Customer: replied 2 years ago.
The original contract did not mention urine or saliva test, I could assume it would be a saliva test which is used for imperment, I would submit to this test. The full policy was given to employees 8 months after signing the first contract
Expert:  Chris The Lawyer replied 2 years ago.
You may not agree with the policy, but they are entitled to impose a drug policy and enforce this.