Termination of employment – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant dismissed, without notice, for breaching the respondent’s drug and alcohol policy – applicant underwent a blood alcohol test and returned a reading of 0.013%, and 0.006% to a second test taken 30 minutes later – applicant submitted that the policy only required a reading to be taken to two decimal places – Commission satisfied that 0.00% permissible alcohol level, when read in conjunction with zero tolerance, and with the specific wording of the policy makes it clear that an employee with any blood alcohol content in their system will be in breach of the policy – Commission satisfied that there was no evidence that applicant breached the policy at any other time – Commission not satisfied that the applicant was advised of the multitude of reasons relied on for his dismissal – applicant was unfairly dismissed – compensation reduced by 30% due to applicant’s misconduct – applicant awarded $11,507.16. Ingham v Metro Quarry Group P/L
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