The victory of the Law Firm in a dispute regarding the admissibility of preventive sobriety testing by the employer (XXI Pa 33/19)

In the court dispute, the GKW Law Firm represented the Company, which terminated the employment contract with an employee under a disciplinary procedure, indicating a serious breach of employee obligations as the reason, consisting in the employee’s refusal to undergo a preventive sobriety test.

The Regional Court in Warsaw stated that the order to undergo preventive sobriety tests was lawful, because the provisions of the Act on Upbringing in Sobriety and Counteracting Alcoholism do not prohibit preventive sobriety tests for bus drivers, and do not indicate the only persons who are authorized to conducting the sobriety tests.

The refusal to undergo a preventive sobriety test was a justified reason for terminating the contract under Art. 52 § 1 point of the Labor Code.