Consent to medical procedures in an employment context is a question of fact. Where a power imbalance exists (such as an employer-employee relationship), the court must be alive to the risk that apparent consent is not real consent, but this does not create a presumption against consent. Intoxication does not automatically negate capacity to consent; evidence of functional incapacity is required. Consent may be inferred from cooperative conduct including presenting an arm for blood-taking and providing a urine sample.
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