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TerminationOctober 24, 2013
The FWC has supported a company’s dismissal of a long-serving employee who failed to follow safety procedures and then tested positive to cannabis.
The employee breached his safety training following a spillage while he was operating a Kress machine. An investigation excluded any mechanical failure on the Kress machine. The employer then conducted an alcohol and drug test that the employee failed. The employer terminated the employee’s employment, after giving him a chance to respond.
As the company had all required processes in place under workplace law, the FWC deemed the dismissal fair. The company gave evidence that they had a drug and alcohol policy in place and had been addressed in its enterprise agreements.