The Case

Hancock v DP World Brisbane Pty Ltd (2022)

DP World Brisbane Pty Ltd (DP World) employed Mr Hancock as a toggle operator. In this role, Mr Hancock was required to monitor trucks as they entered and exited the facility, load and unload containers, coordinate the straddle carriers and stack containers.

In August 2021, Mr Hancock was required to submit to a random drug test, in accordance with DP World’s Alcohol and Other Drugs Policy. Mr Hancock returned a positive test for high-range THC.

DP World interviewed Mr Hancock, who admitted to using marijuana in small quantities to help him sleep and for his mental health. Mr Hancock confirmed he was aware of the company policy but was unaffected by the THC while working. Mr Hancock was dismissed for serious misconduct.