Alcohol or drug addiction
If an employee has an alcohol or drug addiction, an employer must pay close attention. This is because an alcohol or drug addiction is considered an illness, and if an employee is sick, a ban on termination applies. This prohibition means that you may not fire an employee because of the illness.
Case law example
A case where this went wrong occurred at the municipality of Epe. An official appeared drunk in a Zoom meeting with external parties and citizens. He was summarily dismissed, but this dismissal went down in court. The official had lost his driver's license once because of alcohol and had confessed to his employer that he had difficulty keeping his cool. Given this, it was ruled that the municipality should have taken more initiative to investigate addiction. Employers are expected to provide guidance and help to an employee when alcohol addiction is present. It is wise for employers to have alcohol medication and drug policies. These contain the arrangements for dealing with problematic substance use and addiction. This helps to make problems in this area negotiable.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.com is happy to think with you if you have questions about addiction issues. Please feel free to contact us.
June 2024
