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An employer was entitled to conclude an employee was under the influence of dr-gs when he was involved in a safety incident, despite failing to test him as required by its own D&A policy, the Fair Work Commission has ruled.

Food manufacturer Pmfresh dismissed the forklift operator in February this year for serious misconduct, which the employee claimed was unfair.

The Commission heard the employee had collided with a stack of pallets he had previously placed on the floor, as he had been momentarily distracted by talking to a colleague and his forklift load had obscured his line of sight.

According to the warehouse manager, the employee confirmed when asked about the incident that he had smoked marijuana the night before...