CCTV footage of a pharmacist preparing a prescription and dispensing it, before "sculling" the leftover medication from a mixing bowl, cost him his job.
The Fair Work Commission rejected an application by Petar Scott alleging that his employment was improperly terminated by Chemist Warehouse Hervey Bay, because he failed to lodge the application with the required 21-day period.
Scott was dismissed on 07 Sep 2018, less than five months into his six month probation period, but failed to lodge his application until 09 Jan 2019, claiming he was unaware of the requirement to make the application within 21-days of his dismissal.
The 21-day period was noted on Fair Work Act documents provided by Chemist Warehouse when the pharmacist's employment started.
The Commission's ruling noted that Chemist Warehouse asserted its decision to dismiss Scott was "for reasons of serious misconduct".
"The respondent says that it has CCTV footage of the applicant (on 31 Aug 2018) mixing prescription medication for a customer, dispensing that medication from the mixing bottle/vessel," the Commission said.
The Commission noted that Scott admitted consuming the leftover medication, but claimed he was "tasting it for consistency and quality reasons" - something he said he was permitted to do as a qualified pharmacist.
Chemist Warehouse disagreed with this assertion, and also confirmed it had lodged a complaint about the pharmacist's behaviour with AHPRA.
Prior to his dismissal, Scott made various complaints to Chemist Warehouse including some in relation to allegations of bullying, however, the Commission reported that it did not receive evidence to suggest the employer had contravened the relevant provisions of the Fair Work Act.
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