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$12,000 payout to worker sacked for drug supply, without proper process
An employee who admitted supplying drugs to a fellow worker was dismissed has won $12,000 in lost wages (3 months) and compensation, due to the failure of his employer to follow the proper process in the investigation of the incident.
The worker admitted giving cannabis to a workmate out of hours, but the employer had no policy regarding out of hours drug use. Its policy related to drugs at work.
In addition the employer failed to give the employee proper notice of the allegation and its potential consequences. No opportunity was given to obtain independent advice or representation.
No matter what the allegation, the employer must follow a proper process in dealing with disciplinary matters. Once again this case demonstrates how expensive a failure to get the process right will be.
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