From cgw.com.au: The Full Bench of the Fair Work Commission upheld the dismissal of Mr. Hawken, a stevedore who tested positive for methamphetamine three times, emphasizing that safety concerns outweighed procedural failures by his employer, Patrick Stevedores Holdings.
Despite the claim of unfair dismissal due to a breach of the company’s drug and alcohol procedure, the Commission found the repeated serious breaches justified the dismissal.