A long-term Narrandera employee who was fired from his job after testing positive for cannabis has won his job back, after the Fair Work Commission ruled his dismissal was harsh and unfair.

Transport infrastructure company Downer EDI Works Pty Ltd sacked the area supervisor after 27 years of service when he tested positive for THC metabolites, the primary psychoactive compound in cannabis.

According to the published decision, the employee was offered a cannabis cigarette by a guest at a social dinner on the night of 22 August 2025. The joint was shared around the group and the man inhaled from it twice. On the weekend, he bought a self-testing drug kit and tested himself, returning a negative result on the Sunday.

However, the following day he was drug tested at work, which produced a non-negative result that was later confirmed as positive for low levels of THC by laboratory testing.

The employee raised concerns that the testing kit he was handed had already been opened, which was found to be a breach of procedure.

The commission decision revealed that the man’s immediate managers initially recommended a final warning and daily testing for six months, citing his skill, decades of service, and unblemished record. However, they were ultimately overruled by executive management who insisted on a “resolute” enforcement of a zero-tolerance policy.

Deputy President Slevin found that Downer had a valid reason for dismissal.

“It was a breach of the drug and alcohol policy and defined as serious misconduct under the managing misconduct standard,” he said.

However, the Deputy President clarified that the employee had not breached the company’s cardinal rule against being under the influence at work, as expert evidence indicated he was not impaired or intoxicated at the time of the test. Furthermore, the worker was not offered a second on-site test as required by the company’s own procedure.

“A second test may have not led to a positive result being recorded,” Deputy President Slevin noted.

The employee was found to be fully cooperative, had admitted his mistake, and his actions were deemed out of character.

“Weighing these factors, I regard the unqualified dismissal of a valued employee with 27 years of service, an unblemished disciplinary record and an otherwise untarnished safety record for a policy breach – particularly when Downer’s disciplinary policy contemplates that breaches will not necessarily lead to disciplinary action let alone dismissal – as harsh,” Deputy President Slevin ruled.

The commission has ordered Downer to reinstate the employee, recognise his continuity of service, and pay lost wages.