Log in or become a subscriber

An employee made a "conscious decision" to perform his safety-critical role despite taking drugs a few days earlier, the Fair Work Commission has ruled in upholding his dismissal.

The Pacific National Services terminal operator was stood down after returning a positive urine analysis result for cannabis (97ug/L, well above the Australian Standard threshold of 15ug/L) in a random drug test in July last year.

He responded to the employer's allegations that he'd breached its drug and alcohol policy and code of conduct, and when asked to show cause as to why he shouldn't be dismissed, he admitted his actions, apologised, and pointed to mitigating factors. However, he was ultimately sacked in September.

The employee accepted there was a valid reason to dismiss him, but claimed the employer had not given genuine consideration to the mitigating factors, rendering the dismissal harsh, unjust and unreasonable...