Sydney Trains v Hilder [2020] FWCFB 1373
Reinstatement overturned
What happened
Rail worker, one-off cannabis use at a social gathering, failed a random test at work the next morning.
What it stands for
The “breach simpliciter” case: attending work above the cut-off breaches the policy unconditionally — the worker’s honest belief that enough time had passed did not save him.
Primary source: Sydney Trains v Hilder [2020] FWCFB 1373
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