TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – employer policies – breach of alcohol and drug policy – applicant failed breath test for alcohol – over double the limit prescribed in company policy – applicant claimed lower than usual alcohol metabolising – evidence supported slighter lower than average alcohol metabolising – applicant had unblemished history of employment of 19 years – applicant aware of policy – breach not trivial – on balance factors weighed against conclusion dismissal was harsh, unjust or unreasonable – application dismissed. Bennett v Viterra Operations P/L
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