Punitive response is not employers’ only option

Yet, this manager seems to have suffered the negative effects of addiction, resorting to crime to fund her gaming.

Many employers elect to test prospective employees for substance abuse, particularly when the role intersects with public safety, such as bus drivers and airline pilots.

But other problematic addictions such as gambling are more difficult to screen for.

What is not often discussed is how employers should respond when they become aware that an employee is struggling with substance abuse or another addiction.

Air New Zealand’s drug and alcohol policy included considerations such as the company attempting to find suitable alternative employment in a non-safety sensitive role.

Significantly, the policy also included the possibility of the employer and employee agreeing to a rehabilitation agreement.

A rehabilitation agreement is a way for the employer to support the employee back to health and unimpaired employment. It generally involves agreeing to certain expectations, such as ongoing appointments with professional counsellors and drugtesting in the future.

In other words the employee must commit to change to a drugfree way of life.

In the case of the cargo worker, Air New Zealand considered rehabilitation, but the worker’s unwillingness to accept that he had a problem with alcohol, which also formed part of the issue, meant that Air New Zealand considered rehabilitation was not likely to be successful.

It therefore did not offer rehabilitation and instead dismissed the cargo worker.

The Employment Court ruled that the dismissal was justified.

Addictions that are not substance-related, such as gambling, are more difficult to identify and often become visible to the employer in different ways.

Sometimes they are likely to come into the open through stealing from the employer to fund the habit, as seen in the Gisborne case, or by spending work time in active addiction. Theft of money and even employer time will often be serious misconduct.

Good employers should also bear in mind that the individual is struggling with a serious issue and should be supported and directed to professional help.

Employers that have a programme of rehabilitation available are to be congratulated.

It is so much better to give the employee an opportunity to rehabilitate themselves while retaining their experience.

Other problematic addictions such as gambling are more difficult to screen for.

Peter Cullen is a partner at Cullen – the Employment Law Firm. peter@cullenlaw.co.nz.