Employers beware – zero tolerance policy does not automatically warrant dismissal

Many employers will have a "zero tolerance" policy in their workplace, particularly in relation to breaches of alcohol and drug policies. However, it is important to keep in mind that the existence of a zero tolerance policy does not automatically warrant dismissal.

In this article, we provide a recap of some of the recent unfair dismissal cases before the Fair Work Commission (FWC) in the context of a breach of zero tolerance alcohol and drug policy which resulted in different outcomes after the FWC considered the mandatory criteria in each case to determine whether the dismissal was harsh, unjust or unreasonable. Particularly, the cases highlight that the concept of 'harshness' can be complex for employers as it often relates to mitigating circumstances that are outside the employer's control.