Liam’s legal fund to help set new precedent that will benefit all working kiwis

My name is Liam Armstrong, and I am a hardworking Kiwi/Australian who just wants a fair go with my employer. Like many Kiwis, I enjoy cannabis during my time off work and use it to manage pain and improve my health and wellbeing generally.

Unfortunately, this has now wound me into a legal battle with my employer, who on 1 September 2021, after I returned to work after time off for an injury, drug tested me. I returned negative results for all substances except inactive metabolites of THC (THC-COOH), due to my use of cannabis outside of work.

My employer has since accused me of serious misconduct because they say I was impaired at work.

I was not impaired at the time of my test or at work. Further, this accusation goes against all the science of cannabis testing, and the law.

My employment contract and my employer’s policies say nothing about an employee using cannabis outside of work. The employment contract and policies only prohibit impairment by substances at work.

No drug impairment test was performed on me at the time of my test, and even my employer’s own doctor says that the test could not prove that I was impaired at work.

My employer has since made up their mind without giving me my full say, and they have suspended me without pay as of 1 October 2021 until I return a negative cannabis test result. Further, I am required to undergo a drug rehabilitation program. Again, this is despite the fact I have done nothing wrong under my employment contract or my employer’s rules.

In my view this is completely unjustified.

I am fortunate enough to have lawyers Rick Farr and Callum Osborne of C & F Legal Limited in Nelson to represent me on this matter, and we are prepared to take this all the way to the Employment Relations Authority. My lawyers believe that I have been treated completely unfairly throughout this process given that there was no evidence I was ever impaired at work. Find out more about my legal team here: cflegal.co.nz.

Further, I have retained the expertise of Dr Geoff Noller, a leading New Zealand researcher on the intersection of cannabis science, law and policy in this country. Dr Noller is based in Dunedin, and will assist my case by providing the necessary expert evidence. He specialises in the study of the social use of drugs (particularly cannabis) and drug policy, and is recognised as a leading voice on harm reduction, both of drugs themselves and of the laws and policies that govern drugs in society. Dr Noller provides Expert Witness services for court cases involving drug use, actively participates in drug user organisations (he chairs the Dunedin Intravenous Organisation’s [DIVO] Reference Group), and regularly presents his work and contributes to seminars, fora and conferences in New Zealand and internationally. Find out more about Dr Noller here: geoffnoller.com.

I have spoken to the wider community, and it is clear to me I am not alone in this fight. This same kind of dispute happens to people everywhere, up and down the country every week.

While we cannot guarantee the outcome of any Employment Relations Authority decision, with the good legal representation I have, I believe we can set a good legal precedent here which will be able to help all Kiwis who are in the same position. Simply put, employers should not be able to bully their employees for what they do outside of work and in our own time unless employees agree to that. Use of funds

Your donations will principally be used towards my legal costs in attempting to settle this matter at mediation, and if necessary, fund litigation against my employer in the Employment Relations Authority. These expenses will include my legal costs, expert evidence, any court/authority filing fees, legal fees and any costs awarded by the court/authority.

Secondarily, your donations may be used to help pay for my reasonable living expenses. My employer has unreasonably suspended me without pay, and without this I cannot provide for my family.

If excess funds are raised, no refunds will be made. Instead, excess monies will be donated to a range of cannabis support groups in New Zealand.