WRC rejects food worker’s unfair dismissal complaint

The Workplace Relations Commission rejected a worker’s unfair dismissal complaint after he was dismissed for possessing a grinder the company treated as drug paraphernalia. The decision was dated 29 November 2023. The worker said he used the grinder for legal CBD buds and challenged the company’s evidence, including anonymous witness statements and missing CCTV footage. The company said the grinder was found in his jacket and its zero-tolerance policy had been communicated to staff. The adjudication officer said the worker was dismissed for possessing drug paraphernalia, not for smoking a joint, which was unproved. The officer acknowledged the missing CCTV and the inability to cross-examine anonymous witnesses, but found the worker’s explanation was delayed and unsatisfactory. Given the policy and safety concerns at the food plant, dismissal was within the range of reasonable responses. The complaint failed.