Brew v Downer EDI Works Pty Ltd [2026] FWC (Deputy President Slevin, 23 March 2026)
Reinstated
Summary in review — this entry is being checked against the published decision text before the full summary ships. The citation and outcome are correct; treat the summary as provisional.
What happened
Area supervisor with 27 years' service dismissed after testing positive for THC metabolites. Employer relied on 'cardinal rule 10' of its drug policy.
What it stands for
The Commission found the dismissal harsh and unfair and ordered reinstatement within 14 days plus compensation for lost wages, rejecting the employer's cardinal-rule argument. Read alongside Toms: a clear policy breach is still serious, but length of service and proportionality can outweigh it. Summary taken from news coverage and not yet checked against the decision text.
Primary source: Brew v Downer EDI Works Pty Ltd [2026] FWC (Deputy President Slevin, 23 March 2026)