[2025] FWC 294
Citation: [2025] FWC 294
What happened
Lee Witherden was employed as a stevedore by DP World Sydney Limited. On 7 June 2024, he was dismissed after testing positive for cocaine metabolites during a random drug test on 27 May 2024. Mr Witherden had worked for DP World for 25 years and had recently returned to work on light duties following a shoulder injury. DP World operates a container stevedoring terminal at Port Botany, where safety is critical. The company has a drug and alcohol policy and conducts random drug testing. Mr Witherden had previously disclosed taking prescription drugs to DP World.
What was decided
The Fair Work Commission found that Mr Witherden breached DP World’s drug and alcohol policy, constituting a valid reason for dismissal. However, the Commission determined the dismissal was harsh and unreasonable. Factors considered included Mr Witherden’s long service, the lack of clarity in the policy regarding inactive metabolites, and DP World’s failure to consider rehabilitation options. The Commission ordered reinstatement and continuity of employment for Mr Witherden.
What it means for employers
Employers should ensure drug and alcohol policies are clear and comprehensive, particularly regarding inactive metabolites and hangover effects. Consideration should be given to rehabilitation options and alternatives to dismissal, especially for long-term employees with a history of service. Policies must be consistently applied and communicated to employees.
What it means for employees
Employees should be aware of their employer's drug and alcohol policies and understand the consequences of violations. Seeking help for substance abuse issues is crucial, and disclosing relevant medical conditions can be important.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc294.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 →