Uitspraak
2.DE VASTSTAANDE FEITEN
On Monday, February 29, 2016, you were scheduled to work from 8:00 pm to 4:00 am. You showed up for work at approximately 7:50 pm.When your Manager was talking to you, he observed that your behavior was unusual, that your speech was slow, that you smelled of alcohol and that your eyes were bloodshot. (…)At your arrival in HR, we asked you to tell us what happened, First you said that nothing happened, however when we asked you several times, you admitted that you were drinking since 9:00 am until 1:00 pm. When asked what you were drinking, you said that you were drinking rum and coke and that you had approximately six to seven cups of this alcoholic beverage. You also mentioned that you were dinking in a bar during the above-mentioned hours. Your behavior was unusual and there was a strong smell of alcohol on your breath.(…)We have concluded our investigation and have established that you grossly violated our Drug and Alcohol Policy. You showed up for work smelling of alcohol, with bloodshot eyes, talking in a slow/slurry manner and behaving strangely. Furthermore, you refused to undergo a Drug & Alcohol Test after having been clearly instructed to do so.After reviewing your file, we also established that in June 2015, you were already given a chance to keep your job and to adhere to oud Drug & Alcohol free workplace policy. The importance of strictly adhering to our Drug & Alcohol free workplace policy was once again stressed to you in September 2015, as well as the fact that not undergoing a drug & alcohol test as instructed would constitute an urgent reason for immediate termination of your labor agreement.Your actions of February 29, 2016, as described above, individually, as well as in connection with the previous incidents of June 2015 and September 2015, as described above, constitute an urgent reason for the immediate termination of your labor agreement as per today (…).
3.DE STANDPUNTEN VAN PARTIJEN
4.DE BEOORDELING
Daarenboven was Eiser in juni 2015 ook al over de schreef gegaan doordat hij in het kader van een drugstest een urinemonster van iemand anders had ingeleverd bij het laboratorium. Eiser is daarvoor indringend gewaarschuwd.
Bij brief van 7 september 2015 ten slotte, werd Eiser onder meer te kennen gegeven dat het zich onder invloed van alcohol op het werk melden reden voor ontslag op staande voet zou zijn.
actions of February 29, 2016, as described above, individually, as well as in connection with the previous incidentsvalt immers ook het enkele onder invloed van alcohol op het werk verschijnen. Dat Eiser dat zo heeft moeten begrijpen valt mede af te leiden uit de brief van 7 september 2015 waarin daarvoor al gewaarschuwd werd