Court suspends dismissal of firefighter found drinking alcohol on duty

The Central Administrative Court of the North suspended the decision of the Braga City Council to dismiss a firefighter who was caught with a blood alcohol level of 1.5 g/l while on duty, according to a ruling consulted today by Lusa.

In the ruling, dated January 10, the court emphasizes that the defendant “had the right to take a counter-test in light of the blood alcohol levels detected in his blood using the service’s breathalyzer, a right that he should have been informed of immediately after the test was carried out”.

A counter-test to be carried out using another approved device, namely at the nearest GNR station, or by means of a blood test, at the defendant's choice.

“It is not clear from the records, but rather the opposite is evident, that the defendant was warned that he could immediately request a counter-test and that the result of this would prevail over that of the initial examination”, states the ruling.

He emphasizes that these steps were “essential for discovering the truth” and that, having been omitted, they invalidate the disciplinary proceedings that were instituted against him, resulting in the nullity of the punitive act, in this case the dismissal.

The court also alludes to the violation of the principle of proportionality, recalling that the law provides for the sanction of suspension when an employee appears for work in a state of drunkenness.

For the appellate judges, in this process there is no circumstance that definitively compromises the functional relationship, since it was “an isolated episode, without public repercussions and without reflection on the service provided”.

Therefore, the court considers that the dismissal is “manifestly disproportionate”.

In question is a firefighter from Sapadores de Braga, who in July 2023 was the target of disciplinary proceedings by the municipality, for having a blood alcohol level of 1.5 g/l during a routine control.

In July 2024, at an executive meeting, the dismissal of that firefighter, who joined the Braga Firefighters in 1996, was approved.

The firefighter filed a precautionary measure requesting the suspension of the dismissal, but the Administrative and Tax Court of Braga rejected it.

He appealed to the Central Administrative Court of the North, which considered that there were grounds for ordering the measure.

This higher court considers that there is a risk of verifying a fait accompli and of damages that are difficult to repair for the firefighter, at the same time that it says that the damages to the public interest invoked by the municipality of Braga “are vague and generic”.

“The maintenance of the functional link does not result in any harm, much less serious, to the public interest”, concludes the court.

Therefore, the decision is saved for the trial of the main action.

In the process, the firefighter confessed that he had consumed alcohol the night before the events, at a family birthday party, on his day off.

He also claimed that on the day he was “caught” he did not consume alcohol and that he drank water at dinner.

The firefighter already had disciplinary records, but the defense recalled that they date back to 2011 and 2014 and are not related to alcohol consumption.

“The use of disciplinary history information that is more than 10 years old is illegal and also violates the constitutional principle of equality,” the defense alleged.

The firefighter has a Municipal Medal of Dedication of Copper/Bronze Degree, received in 2021 for his 15 years of effective service in the Braga Firefighters.

The Central Administrative Court of the North suspended the decision of the Braga City Council to dismiss a firefighter who was caught with a blood alcohol level of 1.5 g/l while on duty, according to a ruling consulted today by Lusa.

In the ruling, dated January 10, the court emphasizes that the defendant “had the right to take a counter-test in light of the blood alcohol levels detected in his blood using the service’s breathalyzer, a right that he should have been informed of immediately after the test was carried out”.

A counter-test to be carried out using another approved device, namely at the nearest GNR station, or by means of a blood test, at the defendant's choice.

“It is not clear from the records, but rather the opposite is evident, that the defendant was warned that he could immediately request a counter-test and that the result of this would prevail over that of the initial examination”, states the ruling.

He emphasizes that these steps were “essential for discovering the truth” and that, having been omitted, they invalidate the disciplinary proceedings that were instituted against him, resulting in the nullity of the punitive act, in this case the dismissal.

The court also alludes to the violation of the principle of proportionality, recalling that the law provides for the sanction of suspension when an employee appears for work in a state of drunkenness.

For the appellate judges, in this process there is no circumstance that definitively compromises the functional relationship, since it was “an isolated episode, without public repercussions and without reflection on the service provided”.

Therefore, the court considers that the dismissal is “manifestly disproportionate”.

In question is a firefighter from Sapadores de Braga, who in July 2023 was the target of disciplinary proceedings by the municipality, for having a blood alcohol level of 1.5 g/l during a routine control.

In July 2024, at an executive meeting, the dismissal of that firefighter, who joined the Braga Firefighters in 1996, was approved.

The firefighter filed a precautionary measure requesting the suspension of the dismissal, but the Administrative and Tax Court of Braga rejected it.

He appealed to the Central Administrative Court of the North, which considered that there were grounds for ordering the measure.

This higher court considers that there is a risk of verifying a fait accompli and of damages that are difficult to repair for the firefighter, at the same time that it says that the damages to the public interest invoked by the municipality of Braga “are vague and generic”.

“The maintenance of the functional link does not result in any harm, much less serious, to the public interest”, concludes the court.

Therefore, the decision is saved for the trial of the main action.

In the process, the firefighter confessed that he had consumed alcohol the night before the events, at a family birthday party, on his day off.

He also claimed that on the day he was “caught” he did not consume alcohol and that he drank water at dinner.

The firefighter already had disciplinary records, but the defense recalled that they date back to 2011 and 2014 and are not related to alcohol consumption.

“The use of disciplinary history information that is more than 10 years old is illegal and also violates the constitutional principle of equality,” the defense alleged.

The firefighter has a Municipal Medal of Dedication of Copper/Bronze Degree, received in 2021 for his 15 years of effective service in the Braga Firefighters.

The Central Administrative Court of the North suspended the decision of the Braga City Council to dismiss a firefighter who was caught with a blood alcohol level of 1.5 g/l while on duty, according to a ruling consulted today by Lusa.

In the ruling, dated January 10, the court emphasizes that the defendant “had the right to take a counter-test in light of the blood alcohol levels detected in his blood using the service’s breathalyzer, a right that he should have been informed of immediately after the test was carried out”.

A counter-test to be carried out using another approved device, namely at the nearest GNR station, or by means of a blood test, at the defendant's choice.

“It is not clear from the records, but rather the opposite is evident, that the defendant was warned that he could immediately request a counter-test and that the result of this would prevail over that of the initial examination”, states the ruling.

He emphasizes that these steps were “essential for discovering the truth” and that, having been omitted, they invalidate the disciplinary proceedings that were instituted against him, resulting in the nullity of the punitive act, in this case the dismissal.

The court also alludes to the violation of the principle of proportionality, recalling that the law provides for the sanction of suspension when an employee appears for work in a state of drunkenness.

For the appellate judges, in this process there is no circumstance that definitively compromises the functional relationship, since it was “an isolated episode, without public repercussions and without reflection on the service provided”.

Therefore, the court considers that the dismissal is “manifestly disproportionate”.

In question is a firefighter from Sapadores de Braga, who in July 2023 was the target of disciplinary proceedings by the municipality, for having a blood alcohol level of 1.5 g/l during a routine control.

In July 2024, at an executive meeting, the dismissal of that firefighter, who joined the Braga Firefighters in 1996, was approved.

The firefighter filed a precautionary measure requesting the suspension of the dismissal, but the Administrative and Tax Court of Braga rejected it.

He appealed to the Central Administrative Court of the North, which considered that there were grounds for ordering the measure.

This higher court considers that there is a risk of verifying a fait accompli and of damages that are difficult to repair for the firefighter, at the same time that it says that the damages to the public interest invoked by the municipality of Braga “are vague and generic”.

“The maintenance of the functional link does not result in any harm, much less serious, to the public interest”, concludes the court.

Therefore, the decision is saved for the trial of the main action.

In the process, the firefighter confessed that he had consumed alcohol the night before the events, at a family birthday party, on his day off.

He also claimed that on the day he was “caught” he did not consume alcohol and that he drank water at dinner.

The firefighter already had disciplinary records, but the defense recalled that they date back to 2011 and 2014 and are not related to alcohol consumption.

“The use of disciplinary history information that is more than 10 years old is illegal and also violates the constitutional principle of equality,” the defense alleged.

The firefighter has a Municipal Medal of Dedication of Copper/Bronze Degree, received in 2021 for his 15 years of effective service in the Braga Firefighters.