Spanish Court Orders Company to Pay ">47,000 Euros Compensation to Employee Fired for Drinking on the Job

Madrid. Consuming alcoholic beverages at the workplace is generally considered a definite ground for dismissal, but a court in Spain has issued a highly unusual and much-discussed ruling regarding this matter. The court has ordered a company to pay 47,000 Euros in compensation to an electrical employee who was fired for repeatedly drinking alcohol during duty hours.

The company hired a private detective to monitor the employee after becoming suspicious of his abnormal behavior. The report submitted by the detective stated that the individual was drinking beer in bars and parking lots during work hours.

It was alleged that he consumed up to three liters of beer during a single lunch break. This was a serious offense for the company because the employee had to drive a company vehicle, and the company dismissed him citing the risk to others' lives due to driving under the influence of alcohol.

However, after being fired, the employee filed a lawsuit against the company for "unfair dismissal." The High Court of Murcia surprised everyone by ruling in favor of the employee.

The court acknowledged flaws in the employee's conduct but determined that the penalty imposed by the company was excessive. The judges gave the company two options: either reinstate the employee or pay the compensation amount.

The court presented some interesting arguments in its ruling. First, the court held that the lunch break cannot technically be considered working time, and the alcohol consumed during that period cannot be linked to a violation of workplace discipline. Second, the company failed to present concrete evidence that the employee's performance had deteriorated or that anyone's life was endangered due to his drinking.

Furthermore, Spanish law prohibits dismissal based solely on occasional intoxication; such action requires proof that the employee is a habitual drunkard. The court deemed the incidents observed by the detective as "sporadic" and provided justification vindication.