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An oil trader sacked because he was said to be not in a fit state after a heavy night out in Singapore has launched a damages action for wrongful dismissal.
Andrew Kearns, 38, was employed by Glencore UK Ltd from January 2009 until October 2010, when he was summarily dismissed for alleged serious misconduct after missing a series of meetings on the business trip.
Mr Kearns, of Rainham, was handed a signing-on bonus the equivalent of around £202,000 in today's rates when he joined the company and was on an annual salary of £140,000 plus other benefits.
Glencore, which is contesting the action at London's High Court, says he failed to attend critical meetings in the morning, at lunchtime and in the afternoon of October 11 and it was the latest in a series of such incidents.
It claims he did not answer his phone or emails when efforts were made to find out where he was and, when asked for an explanation, said he did not know there were any meetings.
Mr Kearns was alleged to have previously said that he would try not to repeat other incidents in London and Singapore when he had been late for important meetings and unable to participate because he was so hungover.
His dismissal letter said that, unfortunately, the company had reason to believe he did just that, adding: "You were in no fit state after a heavy night the evening before."
Glencore said it had tried to support Mr Kearns with his alcohol-related issues but the latest incident justified summary dismissal without prior warning.
In papers before the court, its counsel Jonathan Cohen said that "context is everything".
"This is an industry where a mistaken decimal point might result in losses of a very substantial nature.
"This is an industry where a mistaken decimal point might result in losses of a very substantial nature" - counsel Jonathan Cohen
"An employer cannot be expected to allow an employee who allows himself to become inappropriately inebriated to remain in the workplace."
Mr Kearns agreed that he stayed out until 4.30am with colleagues he had been asked to take out for drinks but denied there were any business meetings later that day which required his compulsory attendance.
His counsel Ahmed Miah said: "We say the dismissal is a mockery and the whole dismissal process was a sham and there was no true or just reason to accuse him of not turning up to meetings when his attendance was not obligatory."
He told Judge Richard Seymour QC that the married father of three's reputation was "on the line".
"He accepts he was out drinking but he would say not to any greater excess than any of the colleagues he was out with."
The hearing continues.
