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Question:
"Our night shift manager sent a man home because he said he was too drunk to work safely. We called the employee in for interview to decide whether disciplinary action was called for, but he now claims he wasn't drunk and that we have no evidence to prove that he was. What can we do?"
HR tip:
You do not need proof of drunkenness, only a soundly-based belief. If an employee turns up for work and is staggering, slurring his speech and seems to have difficulty walking in a straight line, you are entitled to conclude that he is unable to work safely and must be removed from the workplace for his own and other employees' safety.
What caused his condition is immaterial, though, if he smells of alcohol, you may conclude that he is drunk. The night shift manager should record in his log at the time what happened, what evidence formed his belief, and what action he took. Ideally this should be counter-signed by a witness, though this is not critical.
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