Following a string of unfair dismissal claims involving breaches
of drug and alcohol policies, the Fair Work Commission (FWC) has
affirmed that the provision of a safe working environment is the
paramount concern.
Bennett v Viterra Operations Pty Ltd [2017] FWC 665
(Viterra), along with other rent decisions, reinforces
that, in high-risk work environments with strong safety cultures,
health and safety considerations outweigh other factors that may
otherwise characterise a dismissal as harsh, unjust or
unreasonable.
Safety outweighs unusual circumstances
Mr Bennett had been employed by Viterra (and its predecessors)
in Port Lincoln, South Australia, for 19 years and had an
unblemished employment record. His workplace duties as a full-time
grade three operator/electrician included high-risk operations such
as managing electrical systems of up to 415 volts and working on
elevated platforms, trucks and boats. He also held a permit and
licences to operate
