A building apprentice smoked cannabis on his holiday and got caught in a random drug test when he returned to work. The employer suspended him and withheld his wages. The Labour Court (AD) has now ruled that the company acted correctly in a recent verdict.
The LO trade union, Byggnads, took on the apprentice's case, demanding two months' back pay and damages for breach of collective agreement.
Although cannabis residues were found in the urine test, the union argued that he was not under the influence at work. Therefore, he was available for work and could have been redeployed. However, the employer claimed that the apprentice breached the company's drug policy and suspended him without pay.
In summary, the Labour Court ruled that the building apprentice was not available to the employer. Therefore, he was not entitled to wages.
