Mental Health & Workplace Policies

What a Recent Fair Work Case Just Taught Us

A recent Fair Work Commission case shows just how tricky drug and alcohol policies can be, especially when mental health and prescription meds are involved.

Unicomb, a coal mine worker, was fired after testing positive for Temazepam, a prescribed medication banned on-site. Despite a signed Medical Management Plan, the Commission ruled the dismissal harsh and awarded him compensation.

💡 Key Lessons 

  1. A valid reason doesn’t always justify dismissal
    Even with a banned substance involved, the Commission considered Unicomb’s mental health, prescription use, and long service.

  2. Policy clarity isn’t enough—understanding matters
    It’s not just about having employees sign off on policies. They need to fully understand what they’re agreeing to.

  3. Not all breaches are equal
    A brief camera cover-up wasn’t the core issue. The response should match the severity of the action.

  4. Fair process is essential
    Unicomb wasn’t given a proper chance to explain himself. That lack of procedural fairness weighed heavily in the decision.

  5. Reinstatement isn’t always the outcome
    Even though the dismissal was harsh, the breakdown in trust meant compensation—not reinstatement—was the right call.

🛠️ Need Support Navigating These Issues?

We can help you stay compliant and confident with:

  • Nationwide onsite drug & alcohol testing
  • Expert toxicology advice
  • Policy reviews and updates
  • Staff training and education

📩 We provide a Policy Review service redeemable with products – book a free consultation with our team today.


Source
Fair Work Commission Case – Benjamin Unicomb v SESLS Pty Ltd [2025] FWC 186

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