Fireman loses court appeal

Press, 31 March 1989, Page 35

Fireman loses court appeal

PA Wellington A tired Ponsonby firefighter, who drank three cans of beer before arriving at work, has had dismissed an appeal to the Labour Court involving an adverse conduct report on his record. James Alexander Thompson was at work about half an hour when the officer in charge noticed Thompson’s breath smelled of alcohol. Thompson’s face and eyes were red and his speech was slurred. He said he had had only had only four hours sleep in the previous 24 hours and had drunk three cans of beer with his dinner before turning up for nightshift.

He was stood down from duty and told not to leave the station. A divisional officer was called in to make inquiries. The officer said he did not believe Thompson could work properly, especially as his duties included driving. A doctor examined Thompson several hours later and said he could have worked properly then.

In spite of this, an adverse report was entered in Thompson’s service record. It said he was impaired by alcohol and tiredness and was not in a fit state to work.

The report said senior fire officers were prepared to override the doctor’s opinion. Thompson went to a mediator who found he had no personal grievance about what had happened in terms of law.

Thompson appealed against the mediator’s decision to the Labour Court.

Judge Nicholson said it was unfortunate a doctor had not been called to examine Thompson immediately. While there were no rules stopping fire-fighters drinking while off duty, it was part of a fire-fighter’s “implied duty” to turn up for work in a fit state to do the work required, he said.

This extended to ensuring they had enough sleep, as well as not drinking before work.

He dismissed the appeal. Thompson was not required to pay costs.