Sydney. A casual employee who carried out workplace drug and alcohol tests was unfairly dismissed after colleagues accused her of drug use, bullying and swearing on site.
Where: Sydney
Case name: Jessica Fraumano v Newport Medical Solutions Pty Ltd [2025] FWC 2228
Date of decision: 30 July 2025
Link to full case: Click here to view decision
Who: Jessica Fraumano, casual collector for a workplace drug and alcohol testing company
What: Dismissed after co-workers complained about her conduct, including alleged verbal abuse and alleged drug use
Outcome: FWC found no valid reason for dismissal and ordered compensation
Legal Principle/s:
- There was no valid reason for dismissal.
- The employer relied on untested complaints and did not give the employee a fair chance to respond.
- Procedural fairness was denied when the employer refused her choice of support person.
- Complaints were likely driven by workplace conflict and not properly investigated.
Commentary:
This case shows that even serious allegations must be properly investigated. Employers cannot rely on gossip or pressure from other staff without testing the facts or giving the accused a real chance to respond i.e. procedural fairness.
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