Drug testing court case review | Part 2👨🏻‍⚖️

EKD vs QDA, 2020

We covered the facts in last weeks post.
This week we’ll cover the key takeaways from this case and how they apply to your company!

  1. EKD claimed he had reported the accident. The company didn’t investigate this enough, and went ahead with the decision to dismiss anyway.
  2. The wording in the drug & alcohol testing policy was: If required, an employee must immediately submit themselves for a post-incident drug and alcohol test following accident. The judge’s comments were, “Presumably not every incident requires such testing.”

Having the words if required just made things complicated. If those words weren’t in there, it would have been clear that a post-incident drug test was required, and this would have been more of a justification for dismissal.

This goes back to our advice about making policies specific and focused: be very clear exactly what you want (specific), and only write that in the policy (focused).

In this case, you want a post-incident drug test after every accident. Be focused and write exactly that in your policy!

Don’t hedge – don’t include if requireds or in certain conditions’ or at the company’s discretion or when instructed or in some cases… be 100% clear about what will happen, and state it unambiguously.

Extract from our weekly training email series. These cover a range of topics such as industry updates, tips and tricks for drug and alcohol testing, court case reviews and more! To join, follow this link: https://landing.mailerlite.com/webforms/landing/n3w0r9

Drug testing court case review | Part 1👨🏻‍⚖️

EKD vs QDA, 2020

Here’s the facts:

  1. EKD was on his final written warning in May 2018. This was for four separate incidents: (a) not reporting a truck fault, (b) damage to a vehicle and a private garage, and (c) not wearing a seatbelt, and (d) not wearing a seatbelt again.
  2. On 2 July 2018, EKD backed into a sign in his truck, and didn’t report it.
  3. The next day, he was invited into a disciplinary meeting to occur the following week. One of the concerns was that when EKD didn’t report the incident, the company didn’t have a chance to carry out a drug test on him.
  4. The disciplinary meeting took place on 10 July 2018, and the decision was made to dismiss him for: (a) not operating a vehicle safely, and (b) not immediately reporting an accident. EKD said he did report the incident by submitting a form, but the company didn’t receive it!
  5. EKD was dismissed with two weeks’ pay.
  6. EKD raised an unfair dismissal grievance, and was awarded $10,000.

Takeaways from this case coming in our next blog post!

This is an extract from our weekly training email series. These cover a range of topics such as industry updates, tips and tricks for drug and alcohol testing, court case reviews and more! To join, follow this link: https://landing.mailerlite.com/webforms/landing/n3w0r9

Chocolates in every box of drug cups?!

Correct! We put a couple of chocolates in every box of drug cups we send out. 🍫 And seriously, who doesn’t love chocolate?

This is just a small way for us to say ‘thank you’ to our customers when they show support by ordering their drug testing equipment from us.
It works in alongside our loyalty hamper scheme, where for every 5th box of urine drug cups ordered, we send out a free morning tea for your team to enjoy.

In this video, Mathias runs over a few benefits of working with us! Free shipping, chocolates, hampers…

If you have any suggestions or would like to see a certain type of chocolate arrive in your box of drug cups, email us at support@sobercheck.co.nz, and let us know!

We look forward to hearing from you.

👉Individually wrapped breathalyser mouthpieces!

All the breathalyser mouthpieces we sell are individually wrapped for your added convenience! These are awesome for testing big groups of people at the same time and if something spills in the bag, the mouthpieces don’t get ruined.

This super convenient feature can go unnoticed, but it makes alcohol testing so much more efficient!

Below is the range of mouthpieces we sell:

Follow this link to view the range of alcohol testing products we have available.

Call us on 0800 700 777 or email support@sobercheck.co.nz if you have any queries, thoughts, or feedback to share!

Verified Draeger DrugCheck 3000

✨We now have stock of the verified Draeger DrugCheck 3000!✨

This tests for the same drugs as the non-verified version, the only difference being that Benzodiazepines are replaced by Oxycodone. Our pricing stays the same – $27.00 + GST per test.

We currently have very low stock levels of the non-verified Draeger DrugCheck 3000. Once this has run out we will be switching to our new stock of the verified product!

This product is used alongside the DrugFree Sites Oral Fluid collection book to record donor details and test results.

Call us on 0800 700 777 or email us at support@sobercheck.co.nz if you have any queries, thoughts, or feedback to share!