Stephen Vaughan’s five-year stint at Anglo Coal’s Drayton open cut mine in the Hunter Valley ended on April 30 – 25 days after he returned a reading for methylamphetamine in a random drug and alcohol screening.

In his union-assisted unfair dismissal case, Vaughan argued that company policy did not support termination for a “first fail” and that he should have been given a warning and performance management.

However, the mine successfully counter-argued that Vaughan was in fact fired for his dishonesty during the drug-related investigation.

Detailed by the FWC judgment, made on Christmas Eve, Vaughan initially filled in a form claiming he had taken cold and flu tablets ahead of the first test.

At a meeting with management the following week, the worker maintained he had taken cold and flu tablets until he was shown the pathology report attached to a subsequent lab test, which came up positive for amphetamine and methylamphetamine.

At this point he admitted to taking an unknown substance at a weekend party.

“I had done something silly at a party and taken a capsule, but I do not know what was in the capsule I had taken,” Vaughan said.

Company management, with witness statements for the case made by the mine manager and the overburden superintendant, later made it clear to Vaughan on why he was terminated in a letter.

“As a result of your dishonesty during the course of the investigation your employment with Anglo Coal/Drayton Management Pty Ltd is terminated, effective immediately,” it said.

FWC deputy president Jeff Lawrence concluded that Vaughan was given a number of opportunities to tell the truth.

“The applicant’s conduct in failing to declare represented a serious breach of the relationship of trust and confidence, and justified summary dismissal,” he said in the judgment.