A business lobby group's call to remove unfair dismissal protections for those who fail workplace drug-testing is simplistic and opportunistic, UnionsWA says.
Chamber of Commerce and Industry of Western Australia chief executive Deidre Willmott said employers were burdened with a complex process to ensure a drug-related sacking was adjudicated in their favour in the event of an unfair dismissal claim.
"It's very concerning to employers that they can't make the right decision and protect their workplace without going through a lot of these steps," Ms Willmott told reporters on Tuesday.
In one case, an appeal had been upheld by the Fair Work Commission, she said.
"The Fair Work Commission did actually reinstate that employee - the employer did actually have to appeal to the full bench of the Fair Work Commission in order to have that decision overturned.
"Even though your reason for dismissing somebody may be completely justified, particularly in a high-risk (work) environment, there is still a risk the Fair Work Commission will say `well, actually, you didn't get the process right, so you need to reinstate this person or pay them compensation'."
UnionsWA secretary Meredith Hammat criticised the chamber, saying methylamphetamine use was obviously a very serious and complex social problem.
"Employers have always had the right to manage their workplace and their workers and to simply, cynically call for there to be a change in unfair dismissal laws on the back of what we think is a serious social and community issue, we think is opportunistic and unwarranted," Ms Hammat said.
WA has the highest methamphetamine use in the country with 3.8 per cent of people over the age of 14 having used the drug, nearly double the national average of 2.1 per cent.
CCIWA previously received one call a month from employers concerned about drug-affected workers, but now gets one a week, Ms Willmott said.
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