[2025] FWC 2607
What happened
the Applicant was employed by MQT Pty Ltd from September 2021 to April 2025 in a management role. Following a lunch where one employee, Chris Helene, was observed to be disruptive and contacted a director, Ms. Tamati and another manager, Robert King, were asked to take a drug and alcohol test. the Applicant questioned the basis for the test and refused to take it, leading to her suspension and subsequent summary dismissal on April 14, 2025. MQT alleged the Applicant was acting out of character and potentially impaired. the Applicant felt the questioning was an interrogation and an attack on her character.
What was decided
The Fair Work Commission found the Applicant’s dismissal was unfair. The Commission determined the direction to take a drug and alcohol test was not reasonable because the reason for the request was not clearly stated. The dismissal was not justified as a summary dismissal. The company failed to provide a written allegation prior to the termination meeting. Compensation was ordered. the Deputy President preferred the Applicant’s version of events over the accounts provided by MQT representatives.
What it means for employers
Employers must ensure directions are reasonable and clearly explained. A lack of clarity regarding the reason for a drug and alcohol test can render it unreasonable. Companies should provide employees with written allegations before termination meetings. Summary dismissals require careful consideration and justification.
What it means for employees
Employees have the right to question the basis of workplace directives. It is important to document interactions and recollections of events related to employment matters.
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