The employer’s Disciplinary Policy provided that “being unfit for work through the effects of alcohol” would be considered as gross misconduct.
Is drinking on shift gross misconduct?
Many employers now have a policy which makes it clear that drinking alcohol at work, or being under the influence at work is an act of gross misconduct.
Is drinking at work a dismissible Offence?
Due to the nature of the work the offence of being under the influence of alcohol at work constitutes serious misconduct in terms of Transnet’s disciplinary code.
What to do if a coworker is drinking on the job?
If you see someone actively using drugs or alcohol while on the job, you should report it to HR immediately. Reporting a coworker for suspected alcoholism out of concern and without malicious intent is alright, but you still may be accused of libel.
Can you dismiss an employee for being drunk at work?
If the employee comes to work drunk, but can perform his job as well as if he were sober, unfortunately, you cannot dismiss him. The court actually defines ‘being under the influence of alcohol’ as not being able to perform one’s job as if one were not under the influence of alcohol.
Can you be sacked for smelling of alcohol?
The tribunal held that simply smelling of alcohol at work was not in itself sufficient to constitute gross misconduct. In order to justify a dismissal due to alcohol consumption, there has to be clear evidence that it has rendered the employee unfit for work and/or resulted in other problems for the employer.
How do you prove someone is drinking at work?
‘ ” The only way to be certain that a worker is drunk is to have the worker take a blood alcohol test, a breathalyzer or some similar test, Shea said. An employer should not request or require an alcohol test unless there is “reasonable cause,” Shea said.
When an employee gets drunk at work?
Approach the employee politely. Politely approach the employee like a friend and ask if he or she is slightly drunk. If the answer is yes, then you should send the employee home. Make sure you send another employee to drive the employee drunk and place the necessary sanctions like suspension.
Is drinking allowed at work?
Yes, there are benefits
Obviously not every industry can allow alcohol at work. (Drivers, medical personnel, and operators of heavy machinery should wait until they’re off the clock for a beer or glass of wine.) … By allowing alcohol at work, employers show employees that they trust them to consume responsibly.
Can you be Breathalysed at work?
The law on testing for alcohol and drugs at work
Employees cannot be forced to take drug and/or alcohol tests unless it is a condition of their employment and is set out in their contract of employment, or if they have given their consent.
How can I drink and not get caught at work?
Some other advice: Invest in a flask; something slim, and not too ostentatious. But don’t drink from it. Instead, go with a college-era trick: use either opaque containers (like a disposable coffee cup) or ones that dissemble what the liquid actually is (certain lighter beers resemble apple juice). Then sip.
Can you get fired for addiction?
Addiction is considered to be a disability and, as such, an employee cannot be fired for being addicted to substances such as drugs or alcohol. In fact, employers are required to accommodate employees who suffer from addiction to the point of undue hardship.
What are the 5 fair reasons for dismissal?
5 Fair Reasons for Dismissal
- Conduct/Misconduct. Minor issues of conduct/misconduct such as poor timekeeping can usually be handled by speaking informally to the employee. …
- Capability/Performance. …
- Redundancy. …
- Statutory illegality or breach of a statutory restriction. …
- Some Other Substantial Reason (SOSR)