Ciggies and Throat Lozenges not enough to Fool Breathalyzer is Dismissal case

A former driver for Giacci Bro Pty Ltd has disputed his dismissal in December 2020, claiming the Breathalyzer readings were unreliable and should not have been relied on in his dismissal. The employee claims the employer had failed to consider that he had consumed most of a packet of Anticol lozenges and smoked cigarettes between the initial and subsequent test, leading to a false reading. This case serves as an interesting case study into what can be considered when making the decision to dismiss an employee.