Top Peru Court: You Can’t Fire Him, He’s Drunk!

Top Peru Court: You Can’t Fire Him, He’s Drunk!
Posted Jan 15, 2009, 03:21 pm CST
By Martha Neil

In a decision criticized as a dangerous precedent, the top court in Peru has decided that on-the-job intoxication isn't necessarily sufficient cause for immediate termination.

Janitor Pablo Cayo must be reinstated by the municipality of Chorrillos, the Constitutional Tribunal ordered, and Justice Fernando Calle explained yesterday that the court considered his termination for on-the-job intoxication excessive because no one was offended or hurt, reports Reuters.

Unlike the U.S., where workers without express contractual protections often can be fired at will by their employers, many other countries ordinarily require appropriate cause for terminations.
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Posted by Alonso Sarmiento - 1 second ago

Dear sir.
The decision of the Constitutional Court of Peru, may cause surprise, because he ordered to an employer to reinstate in his work to a dismissed worker who was fired because having been with a breath alcohol. However, it is a particular position on a specific case before the court and that is related to the abuse of law. An an employer can not dismiss an employee with abuse of power. That’s what the Court say in brief in their ruling. And from that standpoint, there is no way to be against this ruling. That does not mean that from this ruling, the empleoyers can´t fire drunk workers. That is a lightness that have spread the news.
Greetings.
Alonso Sarmiento Llamosas
http://alonsosarmiento.googlepages.com