2 min read
Zero tolerance for positive drug tests will be unfair if the punishment does not fit the crime
Case
Brew v Downer EDI Works Pty Ltd (2026)
A long-serving employee of Downer EDI Works Pty Ltd was dismissed from his role as an area supervisor for serious misconduct after testing positive to THC metabolites. While the test result showed a low level of THC metabolites, it was above the cut-off levels in the company’s drug and alcohol policy.
The employee lodged an unfair dismissal application with the Fair Work Commission (FWC).
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