Shannon Berridge, who worked as a car groomer, pretended to drink a glass of his own urine in response to his employer's attempt to impose drug testing without consent. His subsequent dismissal was found to be unjustified by the Employment Relations Authority .
Mr Berridge was employed by Mr Kevin
Hopkins, who had various concerns about Mr Berridge, including that (in Mr Hopkins' view) Mr Berridge was disruptive, arguing with staff and the franchise's main customer.
On one occasion Mr Hopkins heard another car groomer comment that Mr Berridge's jersey, which he had left in the office, "smelt of marijuana". Mr Hopkins then sent a memo to all car groomers which stated that there would be "a random drug [urine] test carried out on Monday 3rd November at 11.30".
Mr Hopkins claims he never intended to actually carry out the test. However, in an apparent attempt to get one over Mr Hopkins, Mr Berridge purchased some apple juice on the Monday of the "testing", and put it in a glass on Mr Hopkins' desk, saying it was his urine sample. He then picked it up and drank it in front of Mr Hopkins.
Mr Hopkins (no doubt somewhat surprised by this) responded by saying Mr Berridge needed to prove he was not taking any drugs, and would not be given any more work until he had done so.
Mr Berridge then left work and went to a GP's clinic where he provided a urine sample for testing. The Authority found that upon his return to work, Mr Berridge told him there was no work for him whatever the result of the drug test.
This amounted to a dismissal. Mr Hopkins failed to follow fair procedure when dismissing Mr Berridge, having not put his concerns about Mr Berridge's conduct to him before withholding work. As far as the drug test was concerned, he had not sought agreement to it, and nor did he wait for the result before dismissing. Moreover, he should not have issued a memo announcing a drug test with no intention of going ahead with it.
The Authority ordered Mr Hopkins to pay Mr Berridge $6,411 in lost wages and compensation for hurt and humiliation - which Mr Hopkins probably found even less funny than Mr Berridge's apple juice joke.
Greg Cain is an employment lawyer at Minter Ellison Rudd Watts.
