Kuehne and Nagel Ltd v Cosgrove

Employment – Dismissal. In allowing the employer's appeal against the employment tribunal's (the tribunal) finding of unfair dismissal following a positive drugs test by the employee, the Employment Appeal Tribunal held that the tribunal had fallen into error in eliding the two questions of the reason for dismissal and the fairness of the dismissal for that reason. In the present case, the tribunal had wrongly substituted its mindset for that of the employer.

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