Employee dismissed for drunkenness; court held employer not required to conduct breath test upon employee's request.
Legislator summary
AI generatedThe Supreme Court dismissed the employee's cassation appeal seeking reinstatement after being fired for arriving at work intoxicated. The lower courts found that the employee's behavior and witness testimony proved drunkenness, while the employer was not obligated to perform a breathalyzer test because the employee had not formally requested it. The court ruled that the employer's decision to deny work access was lawful and that procedural errors in the lower court's reasoning did not affect the final outcome.
Legislator headnote
AI generated§ 26 regulaminu pracy; art. 17 ust. 3 ustawy o wychowaniu w trzeźwości i przeciwdziałaniu alkoholizmowi: The employer is not obliged to conduct a sobriety test upon the employee's request if the employee fails to formally demand it before being denied access to work.