The Supreme Court allowed the dismissal of an employee who drank at work – Kommersant

The Supreme Court of the Russian Federation allowed to dismiss employees for appearing at the workplace drunk, even in the absence of an appropriate medical certificate. This is reported “RIA News” with reference to the definition of the Judicial Collegium for Civil Cases.

The reason was the case of a fitter-assembler of engines of the St. Petersburg plant “Red October”. In relation to him, an act was drawn up on being at the workplace in a state of intoxication. The locksmith was unable to draw up an explanatory note, but on the act itself he wrote: “Sorry! I admit that I made a mistake!

The boss sent the man for a medical examination, but did not pay for it and did not provide transportation. The locksmith refused to pay 1600 rubles for the procedure. He was fired, and the man went to court. He assures that the leadership has no evidence of the state of intoxication, and he made an entry in the act under pressure. He demanded that he be reinstated at work, paid a salary for forced absenteeism, and also compensate him for moral damage, because this “situation negatively affected his well-being, led to insomnia and stress.”

Courts of three instances took his side, finding that there was no evidence for his dismissal. However, the Supreme Court ruled that the state of alcohol or other toxic intoxication “can be confirmed by the employer not only by the results of the employee’s medical examination, but also by other evidence presented to the court.” The court canceled the decision to reinstate the man at work and sent the case for review.

RAPSI notes that, according to the clarification of the Armed Forces of the Russian Federation, “dismissal … can also follow when the employee was in such a state during working hours not at his workplace, but on the territory of his organization or where he, on behalf of the employer, had to perform labor function.

Laura Keffer