Log in or become a subscriber

A reinstatement order for a long-serving employee who was sacked for breaching a workplace D&A policy has been upheld, after a Fair Work Commission full bench found the decision wasn't "unreasonable or plainly unjust".

Numerous reasons "rationally" supported an earlier conclusion that the employee's dismissal, while valid, was harsh, the bench said, in rejecting the employer's unfair dismissal appeal.

On 27 May last year, the DP World Sydney stevedore was selected for a random drug and alcohol test, which returned a non-negative result for cocaine. Confirmatory testing found he had cocaine metabolites in his system.

He explained that he had taken cocaine 24 hours prior to his shift, apologised for his conduct, begged for a second chance, and offered to undergo frequent and random testing in future to regain the employer's trust...