TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed by the respondent from August 2012 until 17 September 2015 – applicant received warnings for two instances of drug use at work prior to 27 August 2015 – applicant dismissed on 17 September 2015 after respondent’s investigation determined the applicant had used synthetic cannabis in the car park prior to leaving work on 27 August 2015 – applicant was then involved in a car accident on the way home from work – applicant submits that he did not use cannabis on 27 August 2015 and there is no reliable evidence to prove otherwise – Commission tasked with determining whether applicant used cannabis on 27 August 2015 – parties agreed that if Commission found the applicant had used synthetic cannabis application will be dismissed otherwise there would be no impediment to the applicant returning to work – Commission held on the balance of probabilities that the applicant smoked cannabis prior to or during his journey from work on the 27 August 2015 – held that the police statements at the accident scene are reliable – application dismissed. Wright v AGL Loy Yang P/L
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