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In light of rising use of medicinal cannabis, it's important for employers to regularly review their D&A policies and ensure they're fit for purpose, lawyers say.
This is highlighted in an unfair dismissal ruling handed down recently, involving a worker who was sacked for not disclosing that he was using medicinal cannabis, even though he didn't return a positive result when tested for drugs.
The employer had a well-established zero-tolerance policy, and "there was a very strict requirement in the policy... that if there was some medication that would impair the employee's ability to perform their work, then they would have to disclose that and keep the employer updated of any changes to the prescription", HWL Ebsworth special counsel Lily Schafer-Gardiner explains in a new HR Daily Premium webcast...
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