Resources: Blogs

Running Man

Blogs
|

Employee who faked test results abandons hearing

Generally speaking, most matters in the Fair Work Commission run in a “no costs” jurisdiction. This means that parties bringing or responding to applications in the Commission will be responsible for their own costs - no matter who is successful. However, the Commission does have some discretion to order costs in exceptional circumstances. One such rare decision was handed down last week in G v Toll Holdings Ltd [2016] FWC 2790.

Generally speaking, most matters in the Fair Work Commission run in a “no costs” jurisdiction. This means that parties bringing or responding to applications in the Commission will be responsible for their own costs - no matter who is successful. However, the Commission does have some discretion to order costs in exceptional circumstances. One such rare decision was handed down last week in G v Toll Holdings Ltd [2016] FWC 2790.

Mr G was a Yard Truck Driver for Toll Holdings Ltd (Toll). Toll conducted drug testing in accordance with a Drug and Alcohol Policy. In June 2015, Mr G tested positive for drugs at work after taking a saliva test, and his employment was terminated as a result.

Prior to his dismissal, Mr G told Toll that immediately following the saliva test at work, he had gone to his doctor and taken a urine test that was sent off for processing. That test, he said, returned a negative result and showed that he had no drugs in his system.

Mr G maintained this version of events when giving evidence under oath and in his sworn witness statement, to which he attached the urine test results.

At the hearing of this matter, the doctor who administered the urine drug test was called to give evidence. He said that the test results attached to Mr G’s witness statement were not the test results he had given to Mr G and it was apparent that the document relied upon by Mr G had been manipulated. The doctor confirmed that the original test results were positive not negative.

After this evidence, the hearing adjourned briefly and when it can time to recommence, Mr G could not be located. In the words of the Commissioner, Mr G “did a runner.”

Toll then made a costs application pursuant to s611(2) of the Fair Work Act 2009 (Cth) on the basis that Mr G had manufactured the test results on which he was seeking to rely and his entire claim was based on a lie.

The Commissioner found in favour of Toll and ordered Mr G to pay all Toll’s costs to the tune of $18,618.31. The Commissioner found that Mr G’s application for relief from unfair dismissal was without reasonable cause, had no reasonable prospects of success and was vexatious.

The lessons to take away from this unusual case are that employers should not be afraid to defend unfair dismissal matters and that former employees should think carefully before making a claim alleging they were unfairly dismissed.

 

Information provided in this blog is not legal advice and should not be relied upon as such. Workplace Law does not accept liability for any loss or damage arising from reliance on the content of this blog, or from links on this website to any external website. Where applicable, liability is limited by a scheme approved under Professional Standards Legislation.

 

Similar articles

Commission finds failure to consult meant dismissal was not a genuine redundancy

When you assume

In a recent decision, the Fair Work Commission has emphasised that an employer’s obligations to consult during the redundancy process under the Fair Work Act 2009 (Cth) is not a mere procedural formality, but a mandatory requirement for genuine redundancy.

Read more...

FWC orders reinstatement despite valid reason for dismissal

It was a one-off

It is important that employers carefully consider and weigh any mitigating factors when undertaking disciplinary processes. A fair and balanced approach ensures that behavioural risks in the workplace are managed effectively without losing sight of the broader context in which the behaviour occurred.

Read more...

Managing ill and injured workers

In her usual entertaining and informative style, our Managing Director and Principal, Athena Koelmeyer, will guide employers through the tangled web of legislative obligations they face when dealing with an ill or injured employee.

Read more...

Unpaid parental leave entitlements and paid parental leave pay

My baby just cares for me

Employers should be aware of the amendments made to unpaid parental leave entitlements and the financial support provided by the Commonwealth Government, both of which provide parents with greater flexibility in taking leave.

Read more...

FWC confirms that employers are not required to discern employee’s capacity to work

No crystal ball required

When managing employees with medical conditions, employers are not expected to discern an employee’s capacity to work or identify appropriate workplace adjustments. Instead, decisions should be made based on the medical evidence available to the employer at that time.

Read more...

FWC rejects WFH request for employee with primary caring responsibilities

Caring is sharing

In a recent decision of the Fair Work Commission, an employer has had its reasons for refusing a flexible working arrangement request upheld on the basis that the employee’s primary caring responsibilities created a risk to the accurate and efficient performance of his duties.

Read more...

Let's talk

please contact our directors to discuss how ouR expertise can help your business.

We're here to help

Contact Us
Let Workplace Law become your partner in workplace law and sports law.

Sign up to receive the latest industry updates with commentary from the Workplace Law team direct to your inbox.

Subscribe

* indicates required