Donations For the Legal Fees of Mitchell Rice

Donations For the Legal Fees of Mitchell Rice To Assist Users of Prescription Cannabis Against Discrimination in the Workplace

 

Mitchell Rice was dismissed by his employer for use of a legally prescribed cannabis product to treat his medical conditions and disabilities of anxiety and insomnia. His medical conditions which arose from a combination extensive shift work with his employer, as well as caring for his terminally ill mother.

 

Despite strong medical opinion from his medical practitioners stating that the medication would not affect his capacity to work safely and without any impairment, as long as the medication was taken more than 8 hours before commencing work, Queensland Rail terminated his employment.

 

Mitchell is being represented in court by Chamberlains Law Firm in the matter of Rice v Queensland Rail in General Protections and Discrimination matter under the Fair Work Act before the Federal Circuit and Family Court of Australia. His legal fees are estimated to be $100,000 AUD. Fees which Mitchell does not have given he is now unemployed and supports a disabled family member who cannot work.

 

The use of medical cannabis in the workplace is highly contentious and Mitchell’s case could help many others battling the same situation with their employers.

 

Funds raised will go towards paying Mitchell’s legal fees for the case of Rice v Queensland Rail. If the funds raised exceed the $100,000 AUD goal, any excess will go to Cancer Council Australia in honour of Mitchell’s mother.

 

Background:

In December 2020, Mitchell began suffering from anxiety due to extensive shift work as well as the strain of caring for his mother who was battling terminal cancer. These two issues resulted in Mitchell experiencing anxiety and significant insomnia. As a result, his doctor prescribed him THC Flower Relax Daylesford Bud. This was a replacement for his previous prescription of Zopiclone, which had more adverse lingering effects. The THC medication was not to be taken within 8 hours of commencing work but would otherwise not affect his ability to work. Mitchell provided notice to his employer (Queensland Rail) in accordance with their code of conduct.

 

Queensland Rail proceeded to suspend Mitchell from work while undergoing investigation. In contradiction to statements made by Mitchell’s doctor, Queensland Rail’s in-house doctor deemed Mitchell unfit for work while using the prescribed THC medication. Mitchell agreed to go on another medication although it had much more adverse effects than the THC. In the following weeks, Queensland Rail put Mitchell through multiple Drug and Alcohol tests. For one of the tests, Mitchell tested positive to THC. THC can last in the system for up to 60 hours after intake, but the effects ware off after only 8 hours.

Following this, Queensland Rail terminated his employment without any reasonable consideration of his medical conditions and disabilities or to discuss his medication or medical needs.

 

Mitchell’s legal case will allege that his employer did not take any reasonable steps to adhere to their own Drug & Alcohol Policy, nor did they issue a clear warning, or address the conflicting medical evidence from the medical practitioners involved, including a doctor in the direct employ of Queensland Rail.

He was discriminated against and terminated without being given the right to the development of a management plan or proper consideration of the science and medical views.

 

Mitchell hopes that by taking legal action against his employer, he can help others in the same situation and remove the stigma of an approved drug in the workplace.