Failure to take a drug and alcohol test leads to valid dismissal
The Case
Stacey v Mondelez Australia Pty Ltd (2024)
Mondelez Australia Pty Ltd (Mondelez) employed Mr Stacey as a confectioner. Mondelez had a zero-tolerance Drug and Alcohol Safe Workplace Policy (D&A Policy).
Mr Stacey was directed to undertake a random drug and alcohol test. Mr Stacey admitted to using marijuana and refused to undertake the drug and alcohol test. Mr Stacey advised his manager by text message he would not be undertaking the test and left the workplace.
Mondelez stood Mr Stacey down on full pay and commenced an investigation into the matter.
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