Labour Court varies dismissal recommendation in Alstom Ireland Ltd drug-testing appeal

The Labour Court allowed a union appeal and amended a Rights Commissioner’s recommendation after a worker was dismissed by Alstom Ireland Ltd following a random drug test. In a decision dated 18 December 2007, the Court said the company should offer to re-engage the worker in his former position without loss of accrued service. The union argued that the test result was below the accepted positive threshold and that agreed testing guidelines had not been adopted. The company said its policy had been agreed with the union and correctly applied. The Court found the company had acted honestly and reasonably, but said there was doubt about whether the test should have been reported as positive or negative. It also called for the parties to agree guidelines covering the testing process, including how results are handled.