The FWC has accepted an employer's argument that the "paramount" importance it placed on OHS justified its sacking of a long-serving employee with an "unblemished history" who recorded more than twice the workplace blood alcohol limit after drinking four glasses of red wine the previous evening.
The Fair Work Commission has emphasised that employers conducting drug tests are not complying with best practice if their managers take samples from employees they directly manage.
The FWC has found it reasonable for Coles Group Supply Chain Pty Ltd to dismiss a worker who tested positive to cannabis but claimed to have consumed it outside what he believed to be the "window of detection".
FWC accepts six-minutes-late dismissal claim; Creative crane driver fails to win job back; FWC member showed no real or apparent bias, says bench; and Tribunal douses smoker's bid to win job back.
The FWC has made an indemnity costs order of more than $18,000 against a former Toll Holdings employee who built his unfair dismissal claim "almost exclusively" on a lie and a fabricated drug test result.
A Qantas pilot, who blamed a spiked drink for his groping of a female flight crew member during a Santiago lay-over, has had his unfair dismissal claim rejected by an FWC full bench for the second time.
Positive drug test justifies sacking; THC-positive worker to get his day in tribunal; Bench upholds BHP Coal's sacking of worker for safety breach; Genuine redundancy after Amex outsources work to India; and Threats no way to negotiate with employer.
The summary dismissal of a worker who returned a positive drug result lacked procedural fairness but this was mitigated by the employer's need to ensure a safe workplace, the FWC has ruled.
An FWC full bench has overturned a "counter-intuitive" decision to compensate a worker dismissed for his blatant disregard of his employer's drug and alcohol and OHS policies.
