Could you imagine if this were allowed in this country? How fast can they replace the cans of Coke in soda machines with cans of beer? This sure would liven up dull meetings.
Peru’s top court has ruled that workers cannot be fired for being drunk on the job, a decision that was criticized by the government on Wednesday for setting a dangerous precedent.
The Constitutional Tribunal ordered that Pablo Cayo be given his job back as a janitor for the municipality of Chorrillos, which fired him for being intoxicated at work.
The firing was excessive because even though Cayo was drunk, he did not offend or hurt anybody, Fernando Calle, one of the justices, said on Wednesday.
Calle said the court would not revise its decision, despite complaints from the government.
Uncle Dave said,
“Could you imagine if this were allowed in this country?”
Actually if you are a state (or other government) employee, it might be hard to have you fired just because you showed up at work drunk occasionally.
Actually, I don’t know about in the USA but with Canada’s labor laws you can’t be fired for going drunk to work either. The employer would be required to give the employee warning, then they would have to help them find counseling and resources and put them on probation. A company could fire someone without giving a reason, though, legally… although then they have to pay them severance.
Time to move to Peru.
#2, miloche,
Actually, I don’t know about in the USA but with Canada’s labor laws you can’t be fired for going drunk to work either.
Not quite. Being intoxicated at work has long been recognized as grounds for dismissal in Canada and the US. The basic tenant is that you are a danger to yourself and others.
Giving warnings is only if you are an alcoholic / drug addict in Canada and repeatedly take time off because you are sick. Then you are afforded the “sickness” protection but only if you are getting treatment. But, if you do show up at work unable to work you can be fired for misconduct.
It is legal… and quite common… if you are a union member!
It is legal. Dumb-ass CEO’s are drunk with power!
#6, Stephanie,
… if you are a union member!
Would you care to cite something where a union member could not be fired?
Since OSHA regulations require anyone operating equipment be sober and capable of operating the equipment safely, any employee showing for work intoxicated would not be allowed to work. Even a stapler. That has long been standard reason for firing a drunk employee.
Every union knows that not only is a drunk a danger to himself, but to everyone around him. Usually the contract would contain language allowing someone to seek medical treatment for an addiction, but not for for being drunk or drinking on the job.
You are SOOOO funny Mr. Fusion!
The union mentality is to protect the workers job and at any expense. If a worker shows up drunk, there are many ways of getting escorted out without security knowing about it. It takes several offenses to get someone fired and that is usually if they do fall under some type of safety sensitive position. You are assuming that people (management & security) also aren’t afraid of getting the pants sued off of them if they do accuse someone of being impaired but it turns out to be false. They would rather send them home than have them fired. You would be absolutely shocked to know what goes on in the factories! I was and still am!
I don’t have anything to cite to you other than my own experience. Many union contracts let employees have UNLIMITED treatment episodes. What is the motivation to get clean and sober when you can take paid vacations in rehab? Showing up to work impaired isn’t anything, just another reason to get time off.
I am not saying it is impossible to fire a union person (was using sarcasm in previous post) but I RARELY ever see it happen and it is usually for something the average person would find more innocuous.
# 5 Mr. Fusion said, “Not quite. Being intoxicated at work has long been recognized as grounds for dismissal in Canada and the US.”
Not in CA.
Liberty is upheld in Peru?
How far America has fallen.
Let me be the first to point out that the management of many American companies seems to be done by drunken cretins.
Unfortunately, labor unions in the US seem to defend the frequently intoxicated workers’ job. As long as these have some seniority. While not giving a damn about the low seniority employees’ job security. No matter how sober they remain. So after much laying off and force reductions, unionized industries can count on having a significant percentage of their employees, tanked on the job. And they wonder why there are these dreadful accidences and near accidences, on trains, planes, and highways?
#9, Stephanie,
You are SOOOO funny Mr. Fusion!
I asked you to give some evidence where a union member can’t be fired for being drunk. You admit you don’t have any and even went on to state,:
I am not saying it is impossible to fire a union person (was using sarcasm in previous post)
So I guess it is really you being funny. Sorry, I take workplace health and safety very seriously, I can’t see the humor in your post. I do see your blaming the unions for something they are not a part of.
#10, Cow-Paddy,Ignorant Shit Talking Sociopath, Retired Mall Rent-A-Cop, Constitutional Expert, and California Labor Law Expert, and All Round General Troll,
Maybe you can cite some California code or statute where an employee can not be fired for being drunk?
Oopps, you never do post any citations to back up your bullshit.
Mr. Fusion,
I have spent nearly a decade dealing with mental health and substance abuse in the manufacturing arena. Clearly you don’t. Because if you did, you would be outraged at what really happens as far as substance abuse in the workplace goes and the protection that people get because they are members of a labor union.
I learned to get a sense of humor about things otherwise I would be in the same padded rooms and treatment programs as the people I serve.
😉
#18, Stephanie,
I have worked with the mentally ill as a volunteer for three years plus I was the Safety Officer for six years in a manufacturing plant.
Yes, employees in a union environment do have better protection. Yet I find nothing funny about either mental disease or being drunk or stoned on the job. I have seen a fork lift driven through a wall because the driver was drunk. I have seen a hand crushed in a press because the operator was drinking. And there have probably been many other severe accidents happen where I didn’t find alcohol was involved.
I don’t want to work with a drunk and I don’t know too many people that would trust their life to anyone who has been drinking or doing drugs.
Then, most unions will go to bat for someone who has a drinking or drug problem and needs assistance. Most companies are as well. It costs a lot more to train a new employee than it does to sober up a alcoholic.