Unverified alcohol test does not disqualify work attendance if employee refuses further verification.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee seeking reinstatement after termination for alleged drunk work attendance. Although the employer used an unverified alcohol tester, the court found the employee's failure to utilize the offered police retest and his admission of alcohol consumption were decisive. Consequently, the court held that the lack of a certified test did not invalidate the employer's right to terminate the contract under labor law.
Legislator headnote
AI generatedArt. 17 ust. 1 ustawy o wychowaniu w trzeźwości i przeciwdziałaniu alkoholizmowi; Art. 52 § 1 pkt 1 k.p.: The use of an unverified alcohol testing device does not preclude a finding of work attendance after alcohol consumption if the employee fails to utilize the employer's offer for further verification.