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Tag Archives: Drug & Alcohol Policy

Policies and process fails employer in unfair dismissal case

An employee, believed to have been intoxicated at work, has been successful in her unfair dismissal application which was heard by the FWC earlier this year. The incident that led to the dismissal of the employee centred on Melbourne Cup day in 2014.  The employee claimed that she had a 3 or 4 drinks in…

FWC: Bullying, verbal abuse and sexual harassment did not justify dismissal

This is another case that reminds employers again about the risks associated with providing employees with access to unlimited alcohol at workplace functions.  In this case, the employer was found to have unfairly dismissed the employee despite a long list of incidents at the workplace Christmas party and the subsequent after party. Background The behaviour…

Drug taking employee’s unfair dismissal finding overturned

The Full Bench of the Fair Work Commission has overturned a decision earlier this year to reinstate a ferry captain who was involved in an accident and was subsequently found to have consumed marijuana before commencing his shift. The employer had in place a zero tolerance drug and alcohol policy and had terminated his employment.…