Hi there. An employer can terminate the employment of an employee if they engage in serious misconduct on the job or otherwise breach their employment contract. If an employee commits a criminal offence, such as driving whilst under the influence of a drug or other banned substance, their employer generally has the power to sack them, especially if the misconduct poses a risk to the health and safety of other employees or customers.

There are laws in Australia that protect workers from being unfairly dismissed from a job. However, an unfair dismissal claim can only be made if the sacking was harsh, unjust or unreasonable. Terminating your employment because you committed a criminal offence is, without aggravating factors, unlikely to qualify as an unfair dismissal. The fact that a subsequent employee engaged in similar misconduct but retained their job is unlikely to make your termination harsh, unjust or unreasonable.

In any event, an unfair dismissal claim must generally be brought within 21 days of your employment ending. Although this deadline can be extended in extraordinary cases, from the information you provided, it appears that the deadline has passed.

Suggested way forward

Although you do not appear to have any clear legal remedies available, you may want to speak to an employment lawyer who can properly assess your situation and advise you of your legal rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.