Welder who drank beer before work as there was no water in house 'unfairly dismissed'

Eduard Markovskij confirmed he had attended a party the previous night and had drank two beers but did not take any drugs. File photo: Johnny Green/PA

A man who lost his job after admitting drinking beer just hours before starting work was unfairly dismissed, the Workplace Relations Commission has ruled.

Eduard Markovskij, who worked at Suretank Limited as a welder since August 2007, was suspended after an incident on September 14 last year.

"Smell of alcohol"

Some three hours after arriving for his 2pm shift at one of the cargo unit manufacturing firm’s depots, a manager became concerned about his behaviour.

He rang another depot manager and, the WRC heard, told him he suspected Mr Markovskij “appeared to be under the influence of drugs or alcohol”. He also said he was “stumbling and very loud”.

Both managers brought Mr Markovskij into a portacabin at the depot and “concluded he was under the influence of alcohol”, the WRC heard. The WRC also heard that “other evidence was they could detect a smell of alcohol”.

According to statements in the case, Mr Markovskij confirmed he had attended a party the previous night and had drank two beers but did not take any drugs. The managers decided the complainant was "unfit for work" and he was driven home, the WRC heard.

The following day, an investigation meeting was held where it was alleged Mr Markovskij had been “unfit for work the previous day because he was drunk”.

The WRC was told: “There was a smell of alcohol from the complainant at this meeting and he was asked if he would take a test.

“He refused unless it was performed by a GP.

“The complainant admitted to attending a party the night prior to the incident on September 14 and he did not go to bed until 4am.

On the morning of the investigation meeting, the complainant said he woke up at 6.30am and had a beer as there was no water in the house.

The WRC heard: “The allegation was confirmed that the complainant 'was under the influence of something' and he was then suspended with pay.”

The meeting resulted in a disciplinary hearing at which it was decided Mr Markovskij would be dismissed for gross misconduct. Mr Markovskij, who earned around €700-a-week, lodged a complaint with the WRC on November 25 last year, seeking compensation.

Louth-based Suretank Limited denied it acted unfairly and instead asserted it “acted reasonably in the dismissal of the complainant for serious gross misconduct”, according to the WRC.

WRC ruling

While the WRC said the allegations against Mr Markovskij were serious, there were a number of issues about the way those allegations were handled. He was asked at the investigative meeting on September 15 if he could be tested for alcohol in his blood.

That he agreed to the test, but only if it was by or under the supervision of a medical practitioner was, the WRC held, “an adequate response”.

This was especially the case given he had been told he did not need a union or legal representative, and because he had not been warned in advance he would be asked to undergo a test in the first place.

Workplace Relations Commission Adjudication Officer John Harraghy found that Mr Markovskij had been unfairly dismissed and he awarded him €15,000 compensation.

He said this was “a just and equitable amount having regard to all the circumstances of this case”.