After undergoing a breathalyzer test, which registered 0.028% of alcohol in his bloodstream, the employee, a cleaner, was dismissed for being under the influence of alcohol during working hours. He admitted that he had consumed alcohol the night before reporting for duty, but denied that he was unfit for work. The employer claimed that the employee worked in a high risk area, and that the employee had already been counseled and warned for being under the influence of alcohol during working hours.