Log in or become a subscriber

An employer that was ordered to compensate a worker it sacked for refusing a breath test has failed to convince a Fair Work Commission full bench that it was treated unfairly as a self-represented party.

"The Commission is not obliged to ensure that parties take the best advantage of the reasonable opportunity they must be given to present their case," the full bench said in refusing to grant it permission to appeal.

In unfair dismissal proceedings in September, Deputy President Tony Slevin found MQT Pty Ltd's termination process was flawed on several grounds, including: the employer's reasons for requesting the breath test weren't made clear to the employee; it didn't hold a reasonable suspicion that she had been drinking; it didn't provide the employee with a copy of its drug and alcohol policy at the time; and no investigation was undertaken prior to the employee's dismissal.

The employer's direction to take the test was not lawful or reasonable, he found, and it failed to consider less severe sanctions than dismissal, rendering the termination decision harsh...