A commissioner for the Fair Work Commission or FWC has dismissed the claim of a mine worker sacked for being under the influence of drugs at work that her drink was spiked during her roster break.
Drink-spiking story was “scientifically implausible”
According to the decision penned by Fair Work Commissioner Ian Cambridge on the case of Tara Leah Cunningham v Downer EDI Mining Pty Limited, the drink-spiking was “scientifically implausible” as claimed by the employer. Downer EDI Mining Pty Limited had argued that it’s implausible for the methylamphetamine level detected in Ms. Cunningham’s urine to have been caused by a single dose administered 80 hours prior.
When she was administered a random drug test in April 2014 after several days off, Ms. Cunningham, a heavy vehicle operator for Downer EDI Mining, her urine sample yielded 607 micrograms per litre of methylamphetamine, which is well above the detection cut-off level of 150ug/L.
When faced with the results, she claimed her drink may have been spiked at a hotel by one or both of two unknown men she claimed she had drinks with, and that she must have ingested methylamphetamine unwittingly.
Commissioner Cambridge also commended her employer for properly investigating the issue before making the decision to terminate her employment.
To read the FWC decision in full, click here.