In a recent Fair Work Commission ruling, the importance of reliable drug testing technology was brought into sharp focus. The case of Jethro Aisa v Southern Cross Protection Pty Ltd (U2024/15136) involved a security officer who was dismissed after testing positive for methylamphetamine. The Commission found the dismissal to be valid, citing a clear breach of the company’s drug and alcohol policy.
This case highlights an important reminder that accuracy and defensibility in workplace drug and alcohol testing matter.
The company engaged a consultant toxicologist to provide expert evidence on the test results. The expert stated that methylamphetamine levels of 208 ng/mL were “indicative of recent use” and that “the concentration of methylamphetamine and its corresponding amount of amphetamine was indicative of use within a few hours of the drug test.”
The expert explained that methylamphetamine “produces a rapid onset of euphoria, heightened awareness and alertness, excitation, rapid pulse and elevated blood pressure.”
However, the expert also noted: “A single oral fluid level cannot be correlated with dose, frequency of use or an exact time of use.” The FWC found this evidence significant, stating that while the positive test indicated recent use, it could not definitively establish the exact timing of consumption or whether the worker was impaired during his shift.
The FWC applied established legal principles regarding drug and alcohol policy breaches, noting that “a failure to comply with a lawful and reasonable policy is a breach of the fundamental term of the contract of employment.”
The Commission found: “I have no hesitation in finding that [the worker] breached [the company’s] Drugs and Alcohol Test Procedure on 21 November 2024 by returning a positive drug test for methylamphetamine of 208.3 ng/mL which was in excess of the minimal detectable amount of 50 ng/mL.”
The FWC concluded: “I have found that [the company] had a valid reason for the termination of [the worker’s] employment, being his breach of the Drugs and Alcohol Testing Procedure.” The Commission determined: “Having considered each of the matters specified in section 387 of the Fair Work Act, I am not satisfied that the dismissal of [the worker] was harsh, unjust or unreasonable.” The application was dismissed.
Drug and alcohol testing isn’t just a precaution; it’s a critical part of risk management. But when a positive result leads to disciplinary action or dismissal, that test result must be scientifically sound, legally defensible, and procedurally airtight. That’s where Alcolizer Technology comes in…
Our drug and alcohol testing solutions are designed to meet the highest standards of accuracy and reliability. Our devices are used by law enforcement, government agencies, and leading employers across Australia because they deliver:
In the Aisa case, the employer’s ability to demonstrate a valid reason for dismissal hinged on the credibility of the drug test. The Fair Work Commission’s decision confirms that when testing is done properly, and policies are clear, employers are on solid legal ground.
At Alcolizer Technology, we’re proud to provide the tools that help workplaces uphold safety, fairness, and compliance. Because when it comes to workplace safety, accuracy isn’t just important, it’s everything.
Continue reading about our workplace drug and alcohol testing solutions.
Source Fair Work Commission
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