Company wants to lay off employees because of high beer consumption

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The Supreme Court in Murcia in southeastern Spain has dealt with a special employment law case, the “Spiegel” reports. It rejected the dismissal of an electrician. His company must hire him again and pay him compensation of 47,028 euros, according to local media.

What makes the case so curious: The man was kicked out because he had drunk several liters of beer during working hours. The court justified the verdict on the grounds that the man had drunk the beer at noon and his performance was not affected by the consumption.

The man had already been suspended for 13 days in 2020 because of his insane beer consumption. He also challenged this measure in court and won.

Is it possible to drive a company car?

In July 2021, the company hired a detective. He saw how the electrician left the company at eight in the morning on July 5, 2021, together with a colleague in a white van and went to the bar “Los Cuñaos”.

He later drove to Cartagena to a construction site. On the way, he bought four cans and a liter bottle of beer from a supermarket and drank it there. On his way back he stopped at a kiosk, bought another can of beer and drank it down. Then he drove on.

A few days later, he was reportedly spotted drinking beer before lunch with colleagues. The company responded to what it considered to be serious criminal offenses and issued the notice of termination. Drinking large amounts of alcohol is a danger to the electrician and his colleagues. Another argument: the drunk driving in the company car would have put other people in danger.

High temperatures in Murcia

The worker filed a lawsuit – on the grounds that the lunch break was not part of his working day. There is no hard evidence that he was drunk or that his work performance was impaired by alcohol.

Now Murcia’s High Court agreed: the detective’s reports “never” mentioned signs of drunkenness. The man only drank during his breaks. Moreover, the enjoyment of beer always accompanied the consumption of food.

The high temperatures in Murcia and Cartagena in July should be taken into account. When it’s hot, you have to drink a lot. (nad)

Source: Blick