ZAP
Despite the employee admitting that the cigarette contained drugs, Lidl was found guilty of failing to comply with its own internal procedures for detecting psychotropic substances before dismissing him.
The Évora Court of Appeal considered the dismissal of a Lidl warehouse operator who had been fired from the company for alleged drug use during a work break to be unlawful. The supermarket chain will now have to pay compensation and unpaid wages for not having complied with its own internal procedures for detecting psychotropic substances.
The facts date back to July 30, 2024, when Tiago M., a Lidl employee since December 2015, was smoking in a space designated for that purpose. According to the note of guilt drawn up by the employer, the worker had mixed hashish with his cigarette. Approached by a director, confirmed that he was using drugsalthough he denied that it was that specific cannabinoid and assured that its capacity was not affected.
The following day, the worker was suspended and, approximately two months later, dismissed with just cause. According to , Lidl supported the decision regarding the consumption of psychotropic substances in a work context. However, the internal regulations that provides for detection tests carried out by professionals occupational health and the worker’s right to contradictory and confirmation exams. None of these procedures were followed.
Tiago M. went to court to challenge the dismissal. In the first instance, the Setúbal Labor Court ruled in favor of Lidl. However, the Évora Court reversed the decision, granting the worker’s appeal.
In the ruling, the judges emphasize that it was not possible to determine “what substance was being consumed by the worker, nor whether it was illicit”, nor what its impact on the central nervous system or the performance of professional duties. Such uncertainty results, according to the court, from the total omission of the detection procedures provided for in the company’s internal regulations. Therefore, they concluded that Lidl the just cause test failedmaking the dismissal unlawful.
The Relationship ordered the company to pay compensation in lieu of reinstatement, calculated at 35 days of base salary for each year of service — the worker earned 1,100 euros per month —, as well as to pay wages from the date of dismissal. It was also established a compensation of 3500 euros for non-pecuniary damages, as it was considered proven that the dismissal caused sadness and anguish to the employee.
