The Fair Work Commission has ordered an employee to pay his employer more than $18,000 in costs after ‘doing a runner’ from his own unfair dismissal hearing when it emerged that he had manipulated a doctor’s report to hide a positive drug test.
The employee was dismissed from his job as a truck driver after a routine workplace drug and alcohol test showed positive results for amphetamine and methamphetamine.
The employee brought an unfair dismissal claim in the Fair Work Commission. Whilst giving evidence under oath, he stated that he went to his doctor immediately after the workplace drug test and submitted a urine sample which tested negative. The employee attached to his witness statement a copy of what he claimed was his doctor’s report showing the negative result.
The doctor who collected the urine sample was called to give evidence before the Commission.
The doctor told the Commission that the test results attached to the employee’s witness statement were not those which the doctor had provided, and that the original document (which he produced) in fact showed a positive result.
The employee left the courtroom during the doctor’s evidence and did not return. The proceedings were discontinued.
The employer subsequently applied for costs. The Commission found that the employee’s case was premised on fabricated evidence and a lie given under oath, and noted that:
“The lie was so central to the unfair dismissal remedy application that when it was uncovered as a lie during the proceedings, the case crumbled and the [employee], to use the colloquial, “did a runner” leaving his representative to clean up the mess and discontinue the proceeding.”
The Commission ordered that the employee pay the employer’s full costs (i.e. ‘indemnity costs’) of $18,618.31.
Mr James Green v Toll Holdings Ltd  FWC 2790