Hi there. It sounds like you are in a difficult position. In NSW, there are occupational health and safety (OHS) laws that require businesses to take reasonable steps to ensure the health and safety of their employees. A business that provides services to the public – such as the bowling club you work for – also owes a duty of care to its employees and customers to avoid any risk of harm. This means your employer can, and is actually required by law, to make sure that its employees’ conduct does not pose a risk to customers or third parties.

As part of this requirement, an employer may have an OHS policy that all employees must comply with. The policy may outline what responsibilities employees have in helping create a safe workplace (e.g. not working whilst under the influence of drugs or alcohol). However, there are limits on what an employer can ask you to do. An employee cannot be required to do something that is objectively considered unjust or unreasonable. Whether the drug test you have been asked to undergo is unjust or unreasonable will depend on the particular circumstances of your case. Remember that competing interests need to be balanced: your employer must create a safe work place and service for customers, and your privacy and employee rights need to be respected.

You may be required to undergo the drug test if your employer has an OHS policy that contemplates this type of investigation or testing in appropriate situations. Compliance with the OHS policy is most likely a term of your employment contract, meaning that you are required to follow the policy. Refusal to undergo the test may be a breach of your employment contract and the basis for terminating your position. However, if the OHS policy does not mention drug testing, your employer could only ask you to undergo the test if it is reasonably practicable in the circumstances to ensure a safe workplace and service for customers.

If your position is terminated on an unfair, unreasonable or unjust basis, you may have grounds for making an unfair dismissal claim. If you want to make this type of claim, you must do so within 21 days of losing your job. More information can be found on the Fair Work Ombudsman website (www.fairwork.gov.au).

Lastly, you mentioned defamation. A person can sue for defamation in very limited circumstances. It requires information identifying a person to be broadcast or published (print, online, radio, etc) to an audience, and that information to be defamatory in nature (i.e. it brings the reputation of the individual into disrepute). It is not clear whether your employer has broadcast or published the allegations about you to any third parties. If they have not done so, it would be difficult for you to bring a defamation claim against them.

Suggested way forward

Your situation raises important legal issues. Whether you are required to undergo a drug test will depend on a number of factors. You should consider speaking to an employment lawyer who can fully assess your situation and advise you of your legal rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.