Lee Witherden v DP World Sydney Limited

A positive drug test detecting only inactive drug metabolites (rather than impairment), in breach of a workplace drug-and-alcohol policy, may constitute a valid reason for dismissal, but the dismissal can still be harsh, unjust or unreasonable where mitigating factors - long unblemished service, absence of actual impairment, deficient policy guidance and failure to consider alternatives - outweigh it, warranting reinstatement.