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The recent Full Bench decision of the Fair Work Commission in Sydney Trains v Reece Goodsell [2024][1] considers the dismissal of an employee for breaching a zero-tolerance drug policy, despite no evidence of impairment while on duty. The case was an unsuccessful appeal of an earlier 2023 decision[2].
The case highlights the need to balance strict policy enforcement with fairness to employees, including proper consideration of mitigating factors before making termination decisions.
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