The victory of the Law Firm in a dispute regarding the admissibility of prophylactic sobriety testing by the employer (VII P 450/18)

The GKW Law Firm has represented the transport company in a court dispute with a former employee. The company terminated the employment contract with the driver under a disciplinary procedure, indicating the employee’s refusal to undergo a preventive sobriety check before starting work.

The District Court for Warszawa-Żoliborz in Warsaw stated that the order to undergo the preventive sobriety check was lawful and therefore the driver should have complied with it. The court emphasized that the specific nature of the Company’s operations and the need to ensure the safety of passengers and other road users speak for the use of preventive sobriety tests for drivers. At the same time, the provisions of the Act on Upbringing in Sobriety and Counteracting Alcoholism do not prohibit preventive sobriety tests of bus drivers, and do not indicate the only persons who are authorized to conducting the sobriety tests.

The court ruled that the refusal to undergo a preventive sobriety test was a valid reason for the disciplinary termination of the employment contract.