A former soldier blamed the failure to pay for food and drink from the store on forgetfulness caused by post-traumatic stress disorder medication. He argued that the prescribed medication for this disability could cause forgetfulness, so he forgot to pay for those products due to the medication.

The Workplace Relations Commission (WRC) adjudicator (in ADJ-00034169) considered the dismissal unfair because the Complainant argued that he had PTSD and the prescribed medication for this disability had a side effect that can cause forgetfulness. He alleged that he forgot to pay for those products due to the medicine.

And this, even though the worker had been examined by an occupational medicine specialist who, based on a probability analysis, did not consider that the drugs prescribed to the Complainant explained the non-payment of the products.

The employer appealed the decision, and the Court stated that the dismissal was fair, wiping out the employee's award.

The Court pointed out that, based on the employee's medical records in the employer's possession, it did not appear that the plaintiff himself suffered from this side effect, nor that the condition from which the plaintiff suffered could, in itself, cause forgetfulness.

The Court stated that the dismissal was grounded and reasonable, and the employer followed a fair and appropriate disciplinary procedure.

This ruling sets out a precedent for how cases like this will be handled in the future. In addition, it confirms the importance of maintaining ethical standards in the workplace and, at the same time, having company policies and values to ensure a healthy work environment for all.