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An employer should have considered disciplinary action other than dismissal when a long-serving worker breached its dr-g and alcohol policy, the Fair Work Commission has ruled in ordering his reinstatement.

After beginning his employment as a track labourer with Queensland Rail at age 20, the worker spent the next 40 years working on construction and maintenance of local railway infrastructure without any issues relating to misconduct or unsatisfactory behaviour.

Then in June last year, the employer sacked the worker after he returned a positive blood alcohol reading (0.037 BAC) during a random alcohol and other drugs (AOD) test.

The employer considered the worker had breached its AOD policy, which required a zero-blood alcohol reading when employees signed on for work, were at work, were on call or when formally representing Queensland Rail at any event or workplace...