Bottoms Up! Court Rules Drinking on the Job in Spain A-OK

In a Nutshell:

• A Spanish court has ruled that an electrical company was wrong to fire an electrician for allegedly drinking more than three liters of beer on the job because it couldn’t prove he was drunk.
• According to the court ruling, an employer can only dismiss an employee for drinking alcohol during work hours if they can prove without a doubt that the accused was inebriated to the point where they could no longer fulfill their duties safely.
• The court also mentioned that the electrical company failed to consider the hot Murcian summer, which apparently justified beer consumption and ordered them to either reinstate the sacked worker or pay them 47,000 euros ($52,000) for failing to show that their drinking on the job left them inebriated, intoxicated, or drunk, or unable to do their job.

In a bizarre ruling, a high court in Murcia, Spain, has ordered an electrical company to either reinstate an electrician it fired or pay them €47,000 ($52,000) for failing to prove that their drinking on the job left them inebriated or unable to do their job.

The electrician, who had worked with the company for 27 years, was fired after a private detective hired by the company presented evidence that he had been drinking alcohol on the job for several weeks.

According to the company, the private detective observed the electrician and his colleagues drinking copious amounts of beer throughout the day, including seven liters of beer between morning and the end of their lunch break.

The detective also observed the electrician drinking beer in the afternoon and early evening before driving the company van back to base.

The electrician’s dismissal letter from the company cited this evidence as grounds for termination, but the court ruled that the company could not prove the man was inebriated, intoxicated or drunk, nor could it prove that his drinking impaired his physical or mental faculties while on the job.

In fact, the court’s ruling pointed out that the company failed to consider the hot Murcian summer as a justification for beer consumption.

Additionally, the court stated that the company failed to take into consideration that the man drank alcohol with his colleagues while eating and “needed refreshments.”

This ruling is a reminder that employers must have concrete evidence to prove that an employee was inebriated on the job before dismissing them. It also raises questions about drinking on the job and when it is acceptable.

One thing is for sure, this case will certainly leave a bitter taste in the mouth of the electrical company that sacked the electrician.

Source: Oddity Central