I returned a non-negative workplace drug test. Now what?
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A screening result is not a finding, a confession, or a dismissal — but the 48 hours after it often decide the outcome. Slow down, put things in writing, and do not resign.
The first 48 hours
- Ask what standard was used and insist on confirmatory laboratory testing. On-site screening kits are indicative only; proper procedure sends the sample to an accredited laboratory before any conclusion is drawn. In one 2025 mining dispute, mismatched cut-offs between site self-test kits (the old 25 ng/mL standard) and formal testing (15 ng/mL under AS/NZS 4760:2019) became central evidence.
- Disclose your prescription immediately if you haven’t already — in writing, with the product’s THC content. Late disclosure is weaker than early disclosure, but silence is worse.
- Say less, write more. Answer questions honestly, but do not speculate about impairment, amounts or timing on the spot. Ask for questions in writing where the process allows.
- Sign nothing that characterises what happened — no admissions of misconduct, no resignation, no “mutual separation” — before you have advice. Resigning usually extinguishes your unfair dismissal rights.
- Start a timeline document now: dates, times, who said what, copies of the policy, the test paperwork and every email.
If you are stood down
Stand-down pending investigation is common and not itself a dismissal. Cooperate with the process, ask for the allegations in writing, respond in writing, and bring your prescriber into it — a letter addressing fitness for your duties and dosing timing is often the strongest document you can file.
If you are dismissed
The unfair dismissal deadline is generally 21 days from the dismissal taking effect. Extensions are rare and hard to get. Speak to an employment lawyer immediately — the Rights Kit includes the timeline card and the document checklist a lawyer will ask for in the first call.