A construction foreman was dismissed after testing positive on a breathalyzer test during working hours. The employee admitted to consuming alcohol at the workplace and was removed from his duties.
The company that employed him failed to prove in court that the device used in the test was type-approved. It also failed to demonstrate that the person responsible for conducting the test had received the necessary training for this purpose.
Furthermore, the company failed to prove that the worker had been informed of his rights before the alcohol test was conducted. The court considered that the test did not comply with the rules provided for in the applicable legislation.
Years after the dismissal, the worker will receive compensation exceeding 100 thousand euros from the company, which failed to validate the legality of the procedure that led to his dismissal.




