In the recent unfair dismissal decision of Craig Hancock v
Sydney International Container Terminals Pty Limited [2025] FWC
516, Deputy President Wright of the Fair Work Commission (FWC) set
the bar high for employers wanting to rely upon policies, or
changes to policies, to terminate employment, even when those
policies relate to a matter as fundamental to safety as the use of
alcohol.
In this case the Applicant, a stevedore, was dismissed by the
Respondent (which trades as Hutchison Ports Sydney) after he tested
positive to alcohol following a workplace incident.
While the Deputy President held that the Applicant had breached
the Drug and Alcohol Policy of the Respondent, and that this was a
valid reason for dismissal, the dismissal was held to be unfair
because, among other things, the Applicant was not aware of the
changes to the Drug and Alcohol Policy which reduced the cut off
level for alcohol to zero (from 0.02) and the Respondent did not
provide adequate
