Скачать или смотреть Will I lose my job if I'm convicted of drink driving? Drink driving solicitor Dublin

Will I lose my job if I’m convicted of drink driving?

It is possible but it depends on the circumstances.

Imagine Joe has a job as an accountant. Joe works in an office and doesn’t have much need to travel with his work. He goes into work every day and does his work in the office before returning home that evening.
One day Joe is arrested for drink driving.

The first thing to understand here is that the drink driving process takes many weeks (and often months) to conclude. It is not finished on the first day that Joe is in court. There’s a good reason for this: drink driving cases usually involve a number of Gardai and each of these Gardai are usually required to make a statement setting out what they did when Joe was arrested.

This process of getting the statements gathered together takes weeks if not months. In Joe’s case his case is adjourned for a number of weeks and he may not get a trial date until 5 months after first appearing in court. If on that day he is convicted he will be disqualified from driving.

If this happens, he may decide to tell his employer. Of course, his employer may have been aware since the beginning of the process but if he is not Joe may decide to tell him at the point that he is convicted.

Can his employer sack him?

Unlikely.

Of course, the employer may claim that a conviction for drink driving is regarded as gross misconduct, the usual method applied to terminate someone immediately without notice. But the circumstances where termination for gross misconduct can successfully be used are narrow and strictly confined.

If Joe had been driving around the carpark of his employer’s workplace in a drunken state that may be regarded as gross misconduct simply because the offence happened on company property. And yes, even if the carpark of the employer is owned by the employer, the Gardai can still arrest you there so long s the public can drive into the place i.e. there are no barriers keeping the public out.

If as is more likely Joe has been arrested on a road somewhere that is unconnected to his work then this event is very unlikely to be seen by the Workplace Relations Commission as sufficient grounds to establish gross misconduct.
Additionally Joe’s employer would have to look at the nature of Joe’s job in coming to decide whether to dismiss him or not. If Joe was a company driver or courier, then dismissal from employment would be a stronger likelihood as he can no longer do his job anymore.

But as he works as an accountant and doesn’t require a car to do his job, it would be very difficult for the company to dismiss him.

So, in Joe’s case I cannot see how he could lose his job because of a drink driving conviction.



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