Train driver tested positive for cannabis after crashing train…

An employee who worked as a locomotive engineer has had his personal grievance claim for unjustified dismissal rejected by the Employment Relations Authority.

The employee was dismissed after he crashed a train into the stop block at a Wellington station. After the incident the employee undertook drug and alcohol tests and tested positive for cannabis. The employer then began a disciplinary process which resulted in the employee’s dismissal.

The ERA held that the process carried out by the employer was fair and reasonable. The ERA noted that despite the company having a “zero tolerance” policy for drugs and alcohol, the employer genuinely considered other alternatives to dismissal such as rehabilitation and redeployment. By not blindly applying the company policy, the employer had acted as a fair and reasonable employer could in the circumstances.

The ERA found that despite previous employees having been offered rehabilitation and continued employment, the employer was rightly entitled to dismiss the employee as past cases predated the current Multi Employer Collective Agreement and were dealt with under different drug and alcohol provisions. The ERA also noted that any deviations from the disciplinary process were of a minor nature and did not result in the unfair treatment of the employee.

Alan Knowsley
Employment Lawyer Wellington