Justice states that drinking three liters of beer during the working day is not grounds for dismissal

Drink beer during the workday No reasons for dismissalAccording to a ruling of the Social Chamber of the Supreme Court of Justice of Murcia. The worker has been an electrician in a company since 1994 and 2021 He was dismissed in a disciplinary manner. Three liters of beer was not for exclusive consumption as it was drunk between three companions.

The dismissal letter this electrician received details a follow-up the company has done to both the dismissed person and his co-workers. He stresses the company that someday They went to a bar for a drinkThen they took the truck to work at a facility in Cartagena. There they bought four more cans and a liter for lunch. On his return to Murcia, the worker used up another can he had bought from a service area and took it alongside the car.

According to the company, the case was not isolated, as the dismissal letter details a series of days the worker was seen drinking an alcoholic beer. In fact, this same factor He was suspended in 2020 from work and salary for about 2 weeks For the same reason, despite the abolition of this penalty.

A “very serious” error poses a risk to the company

For the company, these events constituted “extremely serious” offenses and therefore grounds for unfair dismissal. The company considers that it was “consumption Excessive and repetitive of large quantities of alcohol during working hours, endangering their physical safety and that of their co-workers, since the activity of this electrical installation company, violates the most basic regulations for the prevention of occupational hazards.

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However, the colleague was punished with a suspension of work and salary for 20 days. At first, the Social Courtroom of Murcia No. 8 agreed with the company, but now TSJMU rescinds this provision and agrees with the worker.

On appeal, the worker asked that rest hours not be taken into account as part of the working day. In the same way, this employee asserts that there is no evidence to substantiate the said depreciation and claims his abilities It has not diminished when it comes to work or driving.

At this point, the judges agree with him for several reasons: It was detailed in the dismissal letter that consumption was joint and The amount that each factor took is not specified. In the same way, the Chamber does not assess whether the habit of drinking beer during off hours is “healthy or not”. They also note that the events took place in July, which is a very hot time.

In this way, Resolution 304/2023 agrees with him and obliges the company to return him or pay him compensation 47,028.60 euros.

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