TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – applicant sought remedy for unfair dismissal – applicant filed late submissions and failed to attend hearing – evidence filed admitted into evidence though not present to swear to correctness of statement or be cross-examined – respondent submitted applicant suspended without pay after being determined unfit for work – tested positive for methamphetamine and amphetamine – substances found in medical report not consistent with medications applicant declared at time of providing urine sample – respondent provided applicant with opportunity to attend drug and alcohol counselling service in light of positive drug test – applicant invited to attend meeting with respondent with support person however did not attend with anyone – Commission found valid reason for dismissal – applicant provided notification of reason and opportunity to respond – dismissal of applicant in all circumstances neither harsh, unjust nor unreasonable – applicant not unfairly dismissed – application dismissed. Tadrous v St John of God Health Care Inc
