TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for an unfair dismissal remedy – applicant terminated following breach of respondent’sdrug and alcohol policy – failed to notify respondent he was taking Nurofen Plus –applicant submitted he was targeted – drug test not random in accordance with the policy – lower strength painkiller didn’t impair work performance – respondent alleged three breaches of the policy: failure to notify, failure to report and allegedly tampering with salvia test – applicant a senior safety manager in the business – under obligation to ensure he was complying with the policy at all times – Commission found applicant was in breach of policy by failing to report taking Nurofen Plus and failing to complete medication declaration form – third allegation relating to tampering with saliva test not proved – found valid reason for dismissal, however two substantiated breaches of the policy did not amount to serious misconduct – financial consequences of the dismissal were harsh – found dismissal was unfair – reinstatement not appropriate – ordered compensation of $17,795.08, plus superannuation, taxed according to law.