Harbour City Ferries v Toms [2014] FWCFB 6249; appeal dismissed, Toms v Harbour City Ferries [2015] FCAFC 35
Dismissal stood
What happened
Ferry master smoked cannabis for shoulder pain on a night off, was called in next day, tested positive after a minor berthing accident. No evidence of impairment; accident unrelated to the drug.
What it stands for
The foundation stone: breach of a clear safety policy is serious misconduct in itself — the employer “never wants to have the discussion” about whether drugs contributed. Impairment evidence is beside the point. Note the detail: this was self-medication for pain, a decade before prescriptions were mainstream.
Primary source: Harbour City Ferries v Toms [2014] FWCFB 6249; appeal dismissed, Toms v Harbour City Ferries [2015] FCAFC 35
Not legal advice. This page explains the law in general terms as at the “last verified” date shown. If you have been stood down or dismissed, or need to make a decision that depends on the law, speak to an employment lawyer — small differences in circumstances change outcomes, and the 21-day unfair dismissal deadline does not wait.