NZ employers take hard line on drug use

employer to be found wanting in a case concerning drug testing and it almost certainly won’t be the last.

As a general rule, it is open to an employer to implement a workplace drug testing regime. However, if it is to do so, the employer must have in place a clear policy (or contractual provision) that provides for drug testing.

The policy must be clear so that employees are aware of how testing will occur and in what circumstances, and what consequences may flow from a refusal to be tested or a failed test.

An employer must act fairly and reasonably in the process it implements and as shown in the case of McLeod, must strictly adhere to the policy.

Just because an employer has a policy, however, doesn’t mean it has an absolute right to require an employee to take a drug test. For example, random drug testing of the nature required by Envirowaste will generally only be permissible for employees who are working in safety sensitive positions.

For employees who don’t meet this threshold, drug testing will by and large only be permissible where the employer has reasonable grounds to suspect the employee is using drugs, or following an accident or near miss.

Claims of drug taking can have a serious impact for employees, resulting in loss of employment and criminal consequences. For this reasons the institutions will hold employers to account for any flaws in their process and will not allow testing to be used unreasonably.

The issue is often not black and white. Japanese and Chinese consumers’ appetite for kiwifruit continues to soar, with Japanese sales rising by $55 million and Chinese by $39m in June, compared to the same month last year.

Annual exports of all fruit were up $617m (31 per cent). Apples also contributed to the rise, up $130m (23 per cent).

But exports of milk powder, butter and cheese for the year were down $875m.

‘‘Export values of kiwifruit for the months of May and June 2016 are the two highest on record,’’ international statistics senior manager Jason Attewell said.

‘‘Annual kiwifruit exports for the June 2016 year also set a new record – $1.7 billion – up 41 per cent from the previous June year.’’

Zespri chief operating officer Simon Limmer said the company had seen a strong increase in sales volumes compared to the same period last year, despite a relatively late start to the season.