the Applicant v Poultry Enterprises NSW Pty Limited
Citation: [2025] FWC 2097
At a glance
- Employees affected
- 1
What happened
the Applicant was employed by Poultry Enterprises NSW Pty Limited. The company directed him to undertake a drug test due to concerns about drug use in the workplace. the Applicant refused to take the test and was subsequently dismissed. He then brought an unfair dismissal claim.
What was decided
The Fair Work Commission found the Applicant’s dismissal was not unfair. Deputy President Easton determined the company had a valid reason for the dismissal, namely the Applicant’s refusal to take a drug test following a lawful and reasonable direction. The Commission noted the concerns about drug use and the company’s right to ensure a safe workplace.
What it means for employers
Employers can direct employees to undergo drug and alcohol testing if there are reasonable concerns about drug use impacting workplace safety. A refusal to comply with a reasonable direction can be a valid reason for dismissal.
What it means for employees
Employees should understand that employers have the right to implement drug and alcohol testing policies in certain circumstances. Refusing to follow reasonable directions from your employer can lead to disciplinary action, including dismissal.
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This summary was drafted 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