Advice needed before employee dismissals

With recent changes to employer obligations, employment law has become an issue which has captured widespread attention across various sectors. There was a recent decision of the Fair Work Commission involving the farming sector which caught our attention.

In Baydon Johnson v Faulkner Farming Pty Ltd the Commission found that a farm worker had been unfairly dismissed.

Baydon Johnson, who served as an Assistant Manager for Faulkner Farming at one of its properties, was dismissed following allegations of attending work under the influence of alcohol.

The incident which led to the dismissal of the worker followed a night of heavy drinking. The Commission found that the worker drank at the pub, then drank on the way home and then continued drinking at home and likely consumed 12-15 standard drinks. The next morning he was due to be at work at 7:00 am but did not arrive until 7:40 am after being contacted by his employer.