Can you be fired for failing a drug test?

Question

Accepted Answer

An employer must stick to the drug and alcohol and/or disciplinary policy. Failing to apply and follow a policy can make any subsequent dismissal or disciplinary action unjustified.
If an employer wants to dismiss an employee for breaching drug and alcohol policy, they must ensure the testing (including how and why the testing happens) strictly complies with the relevant policy, the employee is given a chance to explain a failed test, and the explanation is genuinely considered. If the employee doesn’t give an explanation, or if it’s not accepted, then this needs to be put to the employee, along with proposed outcomes (such as disciplinary action) for response, before any disciplinary action is confirmed.
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