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An employer proceeded with "undue haste" and insufficient evidence when it sacked an employee for breaching its D&A policy, according to the Fair Work Commission.

"The employee's off-duty conduct clearly and materially impacted his employer's interests," Commissioner Trevor Clarke found, but nonetheless his dismissal was harsh and unreasonable.

Sleepeezee Bedding Australia summarily sacked the heavy combination truck driver in May last year, after a preliminary roadside test while he was on shift returned a positive result for a prohibited drug.

In unfair dismissal proceedings, the employee admitted to using cannabis socially while off duty the prior weekend. But he claimed he wasn't a regular user, and said he thought it would have been out of his system within 24 hours, therefore not affecting him at work...