An employment judge has ruled that a decision by waste management company Renewi to dismiss a driver’s mate for gross misconduct, after failing a random drugs test, was unfair.
The decision was handed down by Judge Housego on Friday (22 January), at the East London Hearing Centre on 13 January –Renewi is to appeal the ruling.
The decision was handed down by Judge Housego on 22 January, after a hearing at the East London Hearing Centre on 13 January
Judge Housego said he saw nothing in the hearing which would “preclude” reinstatement or reengagement, because nothing indicated any performance issue, any likelihood that the claimant would continue to take cannabis (or had done so after 11 March 2020), or that there was any damage to any working relationship.
A spokesperson for Renewi said: “We are disappointed with the outcome as we work in a safety-critical industry. It is our intention to appeal this decision.”
Hearing
The case was brought by the employee, named as Mr C Pamment, who worked as a driver’s mate on Renewi’s contract with the East London Waste Authority. A test was taken on 11 March 2020, which Mr Pamment failed.
According to the decision document, Mr Pamment, who had worked for Renewi for 14 years, claimed he took cannabis to help with severe and chronic back pain. And, he said that while he was a team leader for vehicles, he was a driver’s mate so there was no risk to the public, and no criticism had been made of his work.
Renewi claimed the failure of the test was gross misconduct justifying dismissal, particularly as he was a driver.
Evidence
When submitting evidence, the decision document said Renewi claimed Mr Pamment “must have been under the influence of cannabis given that his level was many times the cut-off level of 15 ng/mL, and the limit for driving a vehicle was only 2”.
(Stock photo) Mr Pamment worked as a drivers mate ‘delivering orange sacks and tending to their recepticals’ for Renewi’s contract with ELWA
Among other things, Renewi added in evidence that the cannabis had not been prescribed by the doctor, and was an illegal drug, saying he “was in a management role and this reflected badly on him and the company”.
License
Mr Pamment said his reason for taking cannabis had not been considered, and said that while Renewi had claimed he was “under the influence of an illegal drug”, he said he had worked “entirely satisfactorily from 06 January 2020 until 11 March 2020”.
He added he was most certainly not “under the influence” in the sense that his performance was adversely affected.
Mr Pamment added that Renewi was entirely wrong to use driving as a reason – “he had not got a licence for the vehicle he worked in every day, and his colleague drove that”.
He added that while he would drive a company vehicle if asked, this hasn’t been the case.
Decision
Judge Housego said in his conclusion that Renewi’s statement that the amount of cannabis was “perilous” is speculation, and not borne out by Mr Pamment’s performance at work.
Mr Pamment seeks reinstatement or reengagement. .. I saw nothing in the evidence that would preclude such an order”
Further, he said while the role is said to be “safety critical”, it was not in practice. “Mr Pamment drove round as driver’s mate, delivering orange sacks and tending to their receptacles. He was not at the sharp end of recycling machinery.”
The judge added that own Renewi’s position means that the presence of the drug itself would have been uneventful if (as they thought it could be) it was prescribed.
“One is left with the fact that it was an illegal drug only. But that is not something that leads to dismissal if the respondent’s own policies are applied in suitable cases.”
There will now be a remedy hearing, where the judge says “nothing in the evidence would preclude such an order of Mr Pamment being reinstated”.
Related link
Mr C Pamment v Renewi UK Services Ltd
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Source: letsrecycle.com Waste Managment
