Hilder v Sydney Trains

In Hilder v Sydney Trains, the Fair Work Commission was tasked with reviewing the dismissal of a Customer Service Attendant for Sydney Trains, Hilder, who was terminated after failing a random drug detection test for cannabis. Hilder appealed the dismissal as unfair, arguing that the dismissal was not justified, and if it was, it was still harsh, unjust, or unreasonable. The Commission had to determine whether Sydney Trains had a valid reason for the dismissal and if the dismissal was harsh, unjust, or unreasonable in the circumstances.

The legal issues before the Commission included whether Sydney Trains had a valid reason for Hilder's dismissal and if, in the event of a valid reason, the dismissal was harsh, unjust, or unreasonable. The Commission examined Sydney Trains' drug and alcohol policy and its application, considering whether the policy was fairly and consistently applied. Hilder argued that the policy was inconsistently applied and misleading, and that Sydney Trains failed to consider his personal and mitigating circumstances, including his otherwise unblemished service record and genuine remorse for his actions.

The Commission found that Sydney Trains' drug and alcohol policy was not a "zero tolerance" policy as represented to employees, and that the policy was inconsistently applied. The Commission also found that Hilder's dismissal was not a valid reason for dismissal in all the circumstances, even if there was a valid reason, the dismissal was still harsh, unjust, or unreasonable. The Commission considered Hilder's personal and financial circumstances and found that the evidence of loss of trust and confidence was not persuasive. The Commission ordered Hilder's reinstatement and made ancillary orders for continuity of service and payment of 50% of lost remuneration, less remuneration earnt, in the event of any disagreement as to final orders.

The Fair Work Commission ordered Hilder's reinstatement and made ancillary orders for continuity of service and payment of 50% of lost remuneration, less remuneration earnt, in the event of any disagreement as to final orders. The Commission found that Sydney Trains' drug and alcohol policy was inconsistently applied and misleading, and that Hilder's dismissal was harsh, unjust, or unreasonable. The Commission considered Hilder's personal and financial circumstances and found that the evidence of loss of trust and confidence was not persuasive.