[420 Girl]

New Zealand: A company has been ordered to reinstate a worker sacked after testing positive for cannabis when he fell out of a tree.

Stuart McLeod, who had worked for Transfield Services for five years, had the accident while pruning a tree on south Canterbury on April. He was required to undergo a drug and alcohol test which showed marijuana.

At a disciplinary hearing, Mr McLeod acknowledged marijuana use over the previous month.

He apologised and agreed to testing and rehabilitation conditions.

A second meeting was scheduled when results of a second test also came back positive.

A third test two weeks later tested negative and Mr McLeod returned to work, and started attending an employer assistance programme.

A third meeting was then held at which Mr McLeod was given a dismissal letter that said his "use of drugs and being under the influence of drugs while in the workplace led to an unacceptable risk of accident".

However, the Employment Relations Authority in a decision released today found the dismissal out of line with the company's policy.

"Transfield is obliged by its policy to offer referral to a substance abuse professional for assessment as part of investigating and deciding on the specific circumstance relevant to any decision to dismiss," ERA member Philip Cheyne said.

Transfield did not accept that Mr McLeod had not used cannabis in the two weeks preceding the accident, he said.

"That is why the dismissal letter says that drug use led to the accident.

"Before reaching conclusions such as these, a fair and reasonable employer would have complied with its policy and offered the employee a referral for professional assessment."

Mr Cheyne ruled that Mr McLeod had been unjustifiably dismissed and ordered he be reinstated.

The company was also ordered to pay Mr McLeod for his loss of earnings during the three-month period.

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