Queensland Rail shunter fired for ‘extremely high’ cannabis test

A man who worked in a ‘safety critical’ role shunting trains for Queensland Rail has been denied compensation for his sacking.

The Queensland Rail shunter’s unfair dismissal claim was rejected. File picture

A “reckless” man who worked in a “safety critical” role shunting trains for Queensland Rail has failed in his bid for compensation after he was sacked for returning a cannabis test more than three times the national standard.

Zachary Wight worked as a suburban rail operator, commonly known as a shunter, in the SEQ Operation division of Queensland Rail for six years until he was sacked effective from November 14 last year.

His sacking came after he returned a result for THC/Cannabis at levels of 17ng/ML on his first day back at work at the Mayne Yard in Bowen Hills on August 15, 2024 after a period of unpaid leave to address his mental health.

Details of his positive test were revealed in the Fair Work Commission on June 20 when Commissioner Paula Spencer rejected Mr Wight’s claim for unfair dismissal.

The FWC has the power to order an employer pay compensation to a worker if they are found to be unfairly dismissed.

Mr Wight conceded to smoking THC-Cannabis in the days before he went back to work on August 15.

He told the FWC he did not consume THC on the 14th or 15th of August but on an unspecified earlier day, when he was “stood down from duty, unpaid and not considered being able to be called up for duty”.

He claimed he was “self-medicating” with THC-Cannabis due to a psychiatric injury developed when Queensland Rail had treated him unfairly for more than two years prior to his sacking.

He argued QR had “improperly managed” his mental health and claimed he was “a scapegoat for safety incidents around the yard, and unjustly targeted”.

“It was not for (Mr Wight) to self-medicate in a covert manner, particularly given the nature of his work,” Ms Spencer wrote.

“His conduct in returning to work with an extremely high level of THC-Cannabis in his system is the complete opposite of the expected behaviour,” she wrote.

QR’s chief medical officer Christine McNeil told the FWC that posting a positive result at 17ng/ml 48 to 72 hours after a single low level usage of cannabis “would be extremely unlikely.”

The decision states that all Queensland Rail workers must be under the prescribed limit for alcohol and other drugs when signing on for work, rostered on duty, on

call, or when formally representing Queensland Rail at any event or workplace.

Mr Wight was sacked in a letter from Dean Kelly, the general manager of the rail

management centre and operations.

“In regard to your claim of having ceased consuming THC on 13 August 2024, and

other raised matters pertaining to the duration of THC remaining in saliva, this does not

mitigate the facts that: THC was present in your system on the day of the AOD test, and; that you presented for work not fit for duty, over the Australian Standard cut off

for THC (5 ng/ml),” Mr Kelly wrote.

“I also note that you have stated that you take full responsibility for your actions, and

your lapse in consuming THC was due to personal circumstances. Whilst noted, I do

not believe these matters sufficiently mitigate the severity of your substantiated conduct,” Mr Kelly wrote.

In her decision Ms Spencer ruled that Mr Wight’s high-range level of THC-Cannabis in his system at work was a valid reason for his sacking.

“The events leading up to the dismissal as put by (Mr Wight) have been considered, and they

do not undermine the fact that in a dangerous working environment, (Mr Wight) presented on his return to work and tested positive to THC-Cannabis” she wrote.

“He was willing to recklessly try and estimate whether his test would register the drug,” she wrote.

“He estimated the THC-Cannabis would dissipate from his system more quickly than it did.

“The dismissal is not harsh, unjust or unreasonable, and no remedy was appropriate in the circumstances.

“The history of circumstances between (Mr Wight) and the employer (as argued by Mr Wight) were not responsible for the termination and the employer’s conduct was reasonable management action taken in a reasonable manner.”

The tribunal heard that shunters like Mr Wight “marshal trains by attaching and detaching rail

vehicles using various couplers and air equipment”.

“They also direct trains, operate points and signaling (sic) equipment and conduct train safety checks. All these aspects of the role have inherent risks with nearly all of the shunter’s roles being performed in the danger zone,” the FWC heard.

The danger zone was a reference to train movements and overhead electrified equipment.

In 2023 Mr Wight filed a separate Workers’ Compensation claim alleging he incurred a psychiatric injury in May 2021 as a result of the treatment by Queensland Rail.

The Workers’ Compensation claim was rejected in March 2024 and Mr Wight appealed and the appeal decision ruled he had suffered a psychiatric injury from Queensland Rail’s management action, but QR’s actions were held to be reasonable and taken in a reasonable way.

Originally published as Queensland Rail shunter fired for ‘extremely high’ cannabis test