Metro Quarry Group Pty Ltd v Ingham

Metro Quarry Group Pty Ltd appealed against the decision of Commissioner Bissett that the dismissal of John Ingham was harsh and unjust. The Commissioner found that there was a valid reason for the dismissal, namely Mr Ingham's failure to comply with the company's drug and alcohol policy, and that he had been notified and given an opportunity to respond to this reason. However, the Commissioner found that the dismissal was harsh and unjust and ordered that compensation be paid to Mr Ingham. Metro Quarry Group argued that the Commissioner had erred in finding that a positive blood alcohol content test would lead to a stand down of an employee and not a dismissal under the company's Drug and Alcohol Policy, in refusing to accept documentary evidence in relation to a bagging machine incident, in treating numerous other safety breaches by Mr Ingham as not available for the company to rely on in the dismissal because he was not given formal warning in relation to those incidents, and in failing to appreciate that the decision to dismiss Mr Ingham was based on a loss of trust and confidence in his ability to comply with all safety policies, rather than a sanction for breaches of safety policies. The Full Bench found that the Commissioner had erred in finding that the bagging machine incident did not warrant a first and final warning, and in failing to properly consider the factors relevant to fairness. The Full Bench concluded that the dismissal was not harsh, unjust or unreasonable and dismissed Mr Ingham's application. Permission to appeal was granted and the appeal was allowed.