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The medicinal cannabis & workplace testing case database

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Every consequential Fair Work Commission and court decision on cannabis, workplace drug testing and dismissal — organised into the three lines that actually explain the law: the Full Bench pillars, the medicinal era, and the testing-procedure disputes. One plain-English lesson per case. Entries marked “summary in review” are being verified against the published decision before the full summary ships.

Line one: the Full Bench pillars (what every modern case cites)

DecisionFacts in one lineOutcomeThe principle it stands for
Harbour City Ferries v Toms [2014] FWCFB 6249; appeal dismissed, Toms v Harbour City Ferries [2015] FCAFC 35Ferry 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.Dismissal stoodThe 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.
Sharp v BCS Infrastructure Support [2015] FWCFB 1033Aviation maintenance worker, reading far above the cannabinoid cut-off in safety-sensitive aviation activities.Dismissal upheldIndustry regimes harden everything: where a regulated safety scheme sits above the employer policy, strict enforcement is reasonable even where impairment can’t be established either way.
Sydney Trains v Hilder [2020] FWCFB 1373Rail worker, one-off cannabis use at a social gathering, failed a random test at work the next morning.Reinstatement overturnedThe “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.
Sydney Trains v Goodsell [2024] FWCFB 401 (first instance: Goodsell v Sydney Trains [2023] FWC 3209)Rail worker, positive cannabis test; first instance weighed the employer’s failure to explain its zero-tolerance stance and found for the worker.Summary in reviewThe live frontier: how far a valid reason can be outweighed by process failures and harshness. Full Bench treatment being verified before we publish the holding.

Line two: the medicinal era (lawful prescription, same policies)

DecisionIndustryOutcomeOne-line lesson
Haigh v Platinum Blasting Services [2023] FWC 2465Mining services / explosivesDismissal upheldDisclosed once, switched medication, quietly resumed cannabis — disclosure is an ongoing duty, not a form filled at induction.
Gauci v DP World Brisbane [2024] FWC 2351StevedoringDismissal upheldThe policy set cut-offs, not impairment measures — and the Commission noted that had he disclosed, doctor and employer could have agreed working arrangements. The safety valve existed; he never pulled it.
Mills v Glamorgan Spring Bay Council [2025] FWC 116Council works / machineryDismissal upheldPartial disclosure is non-disclosure: he declared the cannabis, not the THC. A late offer to change medication couldn’t cure the breach.
Witherden v DP World Sydney [2025] FWC 294StevedoringSummary in reviewArgued the distinction between a valid reason and a fair dismissal, with long unblemished service in the balance — the harshness frontier applied to a testing case.
Wight v Queensland Rail (2025)Rail / shuntingSummary in reviewSelf-medication without disclosure in a rail-safety role after extended leave.
Parks v WorkPac (U2025/1247, Batchfire mine)Coal miningSummary in reviewSite self-test kits aligned to the superseded 25 ng/mL standard while formal testing used 2019’s 15 ng/mL — a worker could pass his own kit and fail the program’s.

Line three: testing-procedure disputes (where evidence is made or destroyed)

DecisionWhat was fought overOutcomeOne-line lesson
Pitts v AGC Industries [2013] FWCFB 9196Urine screening and retest windows after non-negative resultsProcess scrutinisedRetest timeframes and how workers “come clean” matter — testing programs are judged as processes, not single results.
Hancock v DP World Brisbane [2022] FWCFB 142Chain of custody and the policy’s dismissal provisionValid reason upheldDocumented chain of custody plus the worker’s own admission defeated the process challenge.
Cunningham v Downer EDI Mining [2015] FWC 318Methylamphetamine at four times the cut-off, mine dump truckDismissal upheldThe framework is substance-agnostic: the same policy machinery decides cannabis, meth and everything else.

The principles, extracted

Know a decision we’ve missed? Email the citation — the database is updated as decisions publish, and every summary is verified against the published text before its chip goes green or red.

Employers: the Policy Pack applies all of this  Workers: the Rights Kit is the survival manual

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