Dismissed After a Positive Alcohol Test at Work, a Construction Manager Gets More than 100 000 Euros: the Employer Could Not Prove the Conformity of the Ethylotest
4 Articles
4 Articles
After a positive ethylotest at his place of work, a construction manager was dismissed in October 2020. The court found that his employer had exceeded his rights by failing to comply with the rules in the letter. He was ordered on appeal to pay more than 100,000 euros in compensation to the construction manager, which was confirmed by the Court of Cassation.
The lack of approval of the ethylometer forces the worker to be compensated, despite having admitted that he drank during his working day.
A construction manager is terminated after a positive alcohol test. However, the test was not in accordance with the requirements – and costs the employer 102,911 euros.
On 3 April 2024, the Montpellier Court of Appeal ruled on the dismissal of a construction site in the south of France. On 3 April 2024, the city of Montpellier decided that the...
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