By Mike Toten Freelance Writer

A truck driver who confessed to taking a sleeping pill (resulting in failing a test result) and blocking a truck’s camera while driving it has received compensation of $21,735, despite his conduct providing a valid reason for dismissal. This was because the employer mishandled the dismissal process, dismissing him during a brief meeting in a car park without seeking any explanation from him first. The circumstances regarding his use of sleeping pills were complex and should have been investigated first.


Facts of the case

The employee was prescribed sleeping pills and other medications for bipolar disorder and depression. He had disclosed this to his employer, and had agreed to a medical management plan. 

The plan included a prohibition on taking sleeping pills “during assignment”, as it was against the employer’s safety rules. However, he returned two non-negative test results for the pills (the first one later confirmed as positive), the second test made after he had briefly covered up the on-board safety camera of a truck he had driven. The day after, he was dismissed at a two-minute meeting in a car park, for both the above breaches. 

The truck camera was installed to detect driver fatigue. The employee claimed he had mouth ulcers, and covered it while using mouthwash and spitting it out. He claimed that it was the only opportunity he had to rinse his mouth out. He also claimed that briefly covering the camera did not affect operation of the truck, therefore it wasn’t “safety-critical”. The employer disagreed, claiming he had distracted himself while driving a large vehicle, and this put himself and others at risk. 

The Fair Work Commission (FWC) agreed with the employer, finding that the employee should have stopped the truck to rinse his mouth, and not covered its camera (as he was aware that it was prohibited for any reason). It concluded that his conduct amounted to a valid reason for dismissal. 

Regarding the sleeping pills, the FWC found that the evidence of whether he had taken them while at work was inconclusive and there was no evidence that he was impaired while at work. The evidence relating to his disclosure about the medication to the employer and their subsequent discussions was also conflicting. But on balance he had breached the employer’s “no drugs at work” policy and this was also a valid reason for dismissal.

The employer defended its abrupt dismissal process by claiming it was justified by the clear breaches of its policies and rules.

 

Decision

Despite the above, the FWC ruled that dismissal was unfair because the employer’s handling of it was “manifestly unfair”. In the very brief meeting, he was not given an opportunity to explain his use of prescribed sleeping pills, advisable given the employer’s knowledge of his medical history and the existence of his management plan. Instead, he was presented with a dismissal decision the employer had already made. 

The FWC awarded compensation of $21,735, equivalent to eight weeks’ pay.

 

What this means for employers

This case is another example of an employer “botching” what may have been an otherwise valid dismissal by not following a fair process. In cases where employees are known to be taking prescribed medication, it is very important to investigate the circumstances that led to taking it before making a decision. That includes seeking an explanation from the employee first.

 

Read the judgment

Unicomb v SESLS Industrial Pty Ltd [2025] FWC 186 (23 January 2025)