Dear All,

Please suggest your opinion on an incident where an employee admits to being under the influence of alcohol during their shift hours. Is it advisable to terminate their employment for this being their first misconduct?

Please advise as soon as possible.

Regards,
Sashmita N

From India, Delhi
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Dear Sashmita,

Consumption of alcohol during working hours or reporting for duties under the influence of alcohol is misconduct under the provisions of the Standing Orders Act. Therefore, you can take action against the employee. Whether to terminate or not is your management's call. However, if you terminate him, you will send a signal to one and all on where you stand. It will help you nip this practice in the bud. There is no need to show mercy on this count. Before termination, it is better to conduct the domestic enquiry. His acceptance of guilt is not a sufficient ground for termination. Whether he accepts it or not, it is better to conduct the enquiry.

When the employee was found in an inebriated condition, did you take his saliva sample? A report from the medical lab would be concrete evidence for taking action.

Thanks,

Dinesh Divekar

From India, Bangalore
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