[2025] FWC 116
Citation: [2025] FWC 116
What happened
Adam Mills, a Works Officer for Glamorgan Spring Bay Council, was dismissed after a positive drug test for THC, a component of medicinal cannabis he was taking for chronic pain. Mr. Mills had previously disclosed his medicinal cannabis use to the council and received a doctor's letter confirming his fitness for work. The council sought a medical assessment from Dr. McCartney, who concluded Mr. Mills was not fit for safety-critical work while taking medicinal cannabis. The Australian Services Union (ASU) raised concerns about the dismissal process.
What was decided
The Fair Work Commission found Mr. Mills' dismissal was unfair, despite a valid reason for dismissal (failure to disclose medicinal cannabis use). The Commission determined the dismissal was harsh, unjust, and unreasonable because the council did not adequately consider alternative options, such as exploring other pain management strategies or considering less safety-critical roles. The Commission ordered reinstatement of Mr. Mills. It also criticised the ASU for failing to adequately assist Mr. Mills.
What it means for employers
Employers should carefully consider all options before dismissing an employee, especially when dealing with medical conditions. A robust and fair process, including exploring reasonable adjustments and alternative roles, is crucial. Employers should also be cautious about relying solely on medical assessments and consider the employee's prior performance and disclosures.
What it means for employees
Employees with medical conditions should disclose them to their employer and obtain supporting documentation from their doctor. Employees should also seek assistance from relevant unions or employee representatives during workplace disputes.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc116.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →