She said the company’s drugs test was based on the statutory limits under the Road Traffic Act. In the case of cocaine, the Act specifies 10 ng/ml; so Martin was alleged to be 23 times over the legal limit and 29.5x over the workplace test failure limit.
Mr Martin agreed when Mr Brady put it to him that his case seemed to be that that dismissal was an “excessive” sanction after he failed the drugs test. “We had been doing random drug tests for a number of years, five to six years, two or three times a year, due to the nature of the work,” he said. At this point Mr Martin spoke up and said he had a question for the witness before stating that the firm had not been in touch with him when he was absent after the accident.“I’ve been a bit tolerant so far, but I do have limits,” said adjudicating officer Pat Brady.