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It was "completely untenable" for an employee to suggest he'd had a "mind lapse" regarding a clear instruction not to drink alcohol at a work lunch, the Fair Work Commission has found.

In August this year, Omnigrip Direct summarily dismissed the employee for serious misconduct, after it found he had breached its "zero alcohol" policy.

In unfair dismissal proceedings, the Commission heard that earlier that month, the employee called the CEO to ask if he could take his team out for lunch once they'd finished the project they were working on. The CEO agreed, but said they couldn't have any alcohol...