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An employee who consumed up to 15 drinks the night before turning up late to work was unfairly dismissed, because his employer did not submit evidence proving he was still intoxicated.

The employee worked as an assistant manager and resided, with his family, on the Watermark Aggregation property owned by Faulkner Farming Pty Ltd in New South Wales.

He was dismissed on 5 January for misconduct, on the basis that the day before, he had attended work while under the effects of drinking a considerable amount of alcohol the prior evening...