TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant terminated for breach of the respondent’s drug and alcohol policy after returning a positive drug test result – applicant contended test results were unreliable – applicant had accepted a work assignment with random drug and alcohol testing – the respondent arranged for a secondary drug test – secondary sample returned a negative result – secondary report noted low creatine level which indicated a diluted sample – report recommended another test, but this was not carried out – the applicant subsequently dismissed as a result of the positive test – expert witness at hearing gave evidence as to which drug testing kit was to be relied on – Commission satisfied of test and analysis reliability – considered whether dismissal was harsh, unjust or unreasonable – considered valid reason set out in Selvachandran – on the balance of probabilities, Commission found that presence of amphetamines, methamphetamine and cannabinoids in the applicant’s system was a breach of the terms and conditions of employment and valid reason for termination – application dismissed. Hafer v Ensign Australia P/L t/a Ensign International Energy Services
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