Venice drinks spritzes while at work: the company follows him and fires him
beve the spritz during shifts, the company fires him but the judge makes him pay the arrears (for there is no reinstatement). It is a ship owner of a shipping service company people of Fusina, who was fired in June last year, without proving the state of intoxication: which led the Labor Judge to ascertain the illegitimacy of the dismissal and to order the company to pay six months’ compensation. On the other hand, the restoration of the relationship was not ordered, because in any case the intake of alcohol prohibited for pilots. We will probably complain to ask for employment, declares defense attorney Enrico Cornelio.
State of alcoholic alteration
The story starts from the report of some colleagues who complain that the owner turned up at the state of alcoholic impairment, which was also confirmed by those who had actually seen him drink at bars. Faced with an increasing number of colleagues who asked not to work shifts with him and who claimed he was abrupt with customers, the company decided to have him followed up by a private investigator to clarify things. Even if the owner raises his hands and he assures that, in those situations, it was only soft drinks, there are at least three occasions in which there is no doubt: the ones poured by the banker into his glass are Aperol and Campari. In a work shift from 1.30pm to 8pm, on the Fusina-Zattere-Fusina line, here is the first spritz at 2.55pm. Followed by another exactly an hour later, one just before five and the last two in a row, at 6. Some colleagues also complained that he was running with the boat to get to Fusina a few minutes earlier. And this despite the fact that the company had told us not to race due to the increase in diesel prices, or again throughout the day the applicant was grumpy and angry. I am unable to say the reason.
The rules
In the dismissal letter, the company merely notes that it therefore remains confirmed intake on a regular basis of alcoholic beverages during working hours, but neither the law (the navigation code) nor the CCNL envisages a sanction for the case in which the skipper takes the wheel of the vessel or is part of the crew after having consumed alcoholic substancesbut without being in a state of intoxication. Therefore, the company itself should have adopted a regulation in which the prohibitions were made explicit, in particular the disputed one on taking alcohol.
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January 24, 2023 (change January 24, 2023 | 1:45 pm)
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