Many companies have drug and alcohol policies which seek to prohibit drug use during work or immediately prior to commencement. As with any other workplace policy, companies have to ensure that the policy and testing procedures are applied fairly and equitably.

If there is a random testing policy, the company should have non-discriminatory guidelines in place which set out how the company will determine who is to be tested. Employers must ensure that staff know about the relevant details of the policy by informing them of it and training them in its application. Policies must be applied consistently so that employees know what to expect if they are in violation.

In one case where four employees were dismissed for drinking alcohol during their lunch break in contravention of the company's alcohol policy, one of the reasons the terminations were found to be harsh was that the men had not received any prior warnings.

Most prior infringements of the policy had only resulted in warnings, and only on one occasion had the company dismissed an employee for contravening the policy. In that case, the employee had a history of warnings about the consumption of alcohol at work.

A breach of policy, no matter how serious, will not automatically result in dismissal. Two of the most frequently-cited considerations which mitigate against the severity of a breach are length of service and prior record at work.

Consult your solicitor if you would like further information on this subject.