Woman awarded $63k after being ‘unfairly’ fired over 4hr long lunch
A woman who refused to undertake a breath test after drinking alcohol with her colleagues at a “long lunch” has been awarded more than $60,000 in compensation.
EXCLUSIVE
A Sydney office worker has been awarded more than $60,000 in compensation after being fired for refusing a breath test after drinking alcohol alongside two colleagues during a four-hour work lunch.
Former manager Chantelle Tamati was fired from her role at transport company Multiquip in April after she refused to take a drug and alcohol test following the lunch at a local licensed venue in Sydney’s west.
Last week, the matter was heard in the Fair Work Commission (FWC) with Ms Tamati arguing that her dismissal was unfair.
The FWC heard how, upon the trio’s return from lunch, one of the attendees became “disruptive” in the office, calling the company director and announcing that he was resigning.
After the phone call, the director requested Ms Tamati and the third worker also at the lunch be alcohol and drug tested.
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The FWC heard how Ms Tamati was pulled into a meeting room with an HR Manager and the company’s national compliance manager, who requested she undergo a breath test.
She told the men she had eaten a garlic pizza and consumed just one alcoholic drink at the lunch – a Jim Beam and Coke.
Ms Tamati told the men she felt she was being “tarnished by association” and refused to undergo the breath test.
“I soon felt the ‘quick chat’ turning into an interrogation against me, so I asked, “On what grounds are you asking me to do this test?” she told the FWC in her evidence.
“I felt my character and integrity was being unreasonably attacked based on their false pretence.”
The FWC heard how the national compliance manager then began mentioning that Ms Tamati had been “acting out of character” upon her return to the office, “slurring some words” and “repeating already asked questions”.
Ms Tamati was told if she didn’t take the breath test, she would be suspended with pay and the company would be “in touch with details of a formal meeting”, the FWC heard.
Ms Tamati left the office and was dismissed at a disciplinary meeting four days later for “serious misconduct” over refusing the test.
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Handing down the decision on Thursday, FWC Deputy President Tony Slevin found that Multiquip acted “unreasonably” and that there was no “valid reason” for Ms Tamati’s dismissal.
Mr Slevin found that while company policy stated that “random alcohol screening” as well as the “testing of people suspected of being affected by alcohol” may be carried out, it was unclear on what grounds Ms Tamati was being tested.
“I am not convinced the direction to take the test was reasonable and lawful,” Mr Slevin said.
“I agree that if the direction to Ms Tamati to take the test was made in accordance with the policy, then it would be a reasonable and lawful direction.
“But my assessment of the evidence is that the grounds for requesting the test … was not made clear to Ms Tamati.”
Mr Slevin also noted that attending lunches at a “licensed premises” was “not considered out of the ordinary” at Multiquip, according to the evidence.
“I have found that there was no valid reason for the termination,” Mr Slevin said.
Mr Slevin said Multiquip, which provides transport for the poultry industry, employs more than 1300 workers across Australia.
“The size of the employer … give rise to an expectation that processes that lead to dismissal will be thorough and in accordance with company policies,” he said in his decision.
The FWC heard how Ms Tamati was out of work for four weeks after her termination and that her new job paid $27,000 less than her role at Multiquip.
Mr Slevin said that reinstatement was not appropriate and awarded Ms Tamati $63,500 in compensation.
