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A potential inconsistency in an employer's D&A policy did not undermine its dismissal of a worker who had breached it three times, a full bench of the Fair Work Commission has ruled.

The Patrick Stevedores Holdings employee returned on-site non-negative tests for amphetamine and methamphetamine twice in October 2022, and the results were confirmed in subsequent lab testing.

He received a first and a final written warning for breaching the employer's 'Fitness for Work (Drug and Alcohol) Procedure', both of which advised him that any further D&A breaches or any other unacceptable conduct might result in disciplinary action, including dismissal.

The warnings also said the employee would be subject to drug testing over the next 12 months to monitor his ongoing compliance...