Question juridique clé
Whether the immediate dismissal for having driven on the tarmac with 0.47-0.50‰ alcohol was justified under employment law.
Solution extraite
The conduct was serious but only of medium gravity in the circumstances; it did not justify summary dismissal because the prior warning concerned unrelated conduct and the employee's long service and lack of managerial role had to be weighed.
Motifs extraits
Immediate dismissal is exceptional and requires a particularly grave breach, or a repeated lesser breach after warning. Here the employee had never before tested positive, was not shown to have impaired work or disturbed colleagues, and the warning of 30 December 2007 related to a different incident.