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Dismissal Deemed Fair

January 28, 2016 | biocare

 

The Employment Appeals Tribunal determined an employee who arrived at work under the influence of alcohol was fairly dismissed by his employer.  The employee who was six times over the alcohol limit as measured in drink driving cases was suspended on full pay after he failed a breathalyser test.

The employee was subsequently dismissed by his employer.  

Despite challenges made by the employee’s solicitor about the test the tribunal noted the employee accepted he had consumed up to five bottles of wine the evening preceding the breathalyser test. The employee also accepted he had wrestled with alcohol related issues for some time prior to the incident. 

(Curly v Iarnrod Eireann EAT 2015)