Is drink driving a sackable offence?
A driver’s licence is a privilege that is often taken for granted by families and individuals, and loosing it can result in many repercussions. For many, it enables them to get to and from work, university and school, and for others, it is a critical critical aspect in their day-to-day job. If someone is to have their licence suspended for driving under the influence of alcohol, the consequences can be incredibly crippling, but what are the laws surrounding drink driving and employment? Moreover, does an employer have reasonable grounds to terminate employment as a result?
In this post, we examine a couple of scenarios to give some context around whether there is a case for dismissal or not.
Is driving an important part of their job?
If the individual is not eligible for a restricted work licence or special hardship order (SHO) and driving is a fundamental part of their day-to-day duties (such as a taxi or bus driver), an employer may consider some short-term adjustments in a non-driving role such as a warehouse, office or another facet of the business. This would all depend on what options are available and how long the licence disqualification is for.
If these options have been considered but there are no alternative arrangements that can be made for the employee, an employer may need to terminate the employee’s contract. So long as this handled equitably, this would be considered legally fair and necessary.
Providing sufficient notice or alternatives
In another example, a car salesman was terminated from their job instantly upon the employer learning of his disqualified licence. The man was paid his accumulated annual leave entitlements, together with payment for one day of work before finishing his role that day.
This example was considered unfair dismissal by the Fair Work Commission because the employer did not handle the dismissal appropriately. The employer failed to provide sufficient notice for dismissal, give the employee an opportunity to respond to any short-term or long-term opportunities to work in a different area of the business or offer a support person.
Clear policies and values
In a final example, an employee of a brewery was dismissed from their role. While their licence was not necessary for their work, the Fair Work Commission agreed that the employer (the brewery) was entitled to rely on its well-known Responsible Drinking Policy. This employee policy prohibited out-of-hours drink driving and protects its business interests and reputation of being a business that is a responsible producer of alcohol. These actions of the employee did not align with these values; therefore, his dismissal was ruled to be fair and justifiable.
More information on drink driving and sackable offences
As an employer, it is important to consider your options and alternatives if you decide to go down the dismissal route to ensure you don’t get stung with unfair dismissal. You need to ensure there is always a valid reason for dismissal and provide the employee with appropriate and procedural fairness when terminating their contract.
As an employee, it is important to consult with professionals to ensure that you get a fair result. If you are interested in applying for a restricted work licence or special hardship order (SHO) then get in contact with us to explore these options. For further information on restricted work licences and special hardship order, please see our FAQ and eligibility pages.