Drunkenness as habitual the cause of dismissal and/or support worker with alcohol and drug problems

With regard to the Judgment of the Court of Justice of Andalucía/Granada from May 23, 2012 –rec. n.º 736/2012–

Abstract

Annotated case provides a dual opportunity. On the one hand, to rethink the relationship between law and collective agreements about the reasons of the dismissal; on the other, to address the specific conditions of drunkenness an drug addiction as particular reason of dismissal: the dubious guilt of who can be considered a sick, the habitual character often ignored (in this example with special features like recording in the termination letter or the prescription of the offence), and the negative repercussions at work, often considered an irrebuttable presumption or redirected to legal evidence of other offences listed in article 54.2 f) of ET. The futility and/or serious controversy accompanying its application call to their abolition. This, moreover, would allow the operability of employee assistance programs instead of the sanction.