SA court rules that dismissing cannabis-using employee was fair

[Hanno Labuschagne]

SA court rules that dismissing cannabis-using employee was fair

• The Labour Court has upheld the dismissal of an employee for repeatedly testing positive for cannabis.
  
• The court ruled that the decriminalisation of cannabis has not given protection to those who breach a company’s policy.
• The company had a “zero tolerance” policy and it was irrelevant whether the employee’s performance was impaired or not.

A long-serving employee who was fired after repeatedly testing positive for cannabis, in breach of the company’s rules, has failed in her bid to be reinstated.

[GroundUp]

 

[Pak Fa Fui]

Dagga rookers in the office is dime a dozen, they think people can’t smell it on them

 

[wingnut771]

Dagga rookers in the office is dime a dozen, they think people can’t smell it on them

Oh, we know, we just don't care.

 

[Jam Sandwich]

Stupid policy...Stoned ages style...

 

[daveza]

This however does not mean that if an employee who consumed alcohol the previous night happens to test positive, the (company) would have to take cognisance of the fact that such alcohol was consumed in the employee’s private space and time.

 

[konfab]

Cue the mybroadband pothead division to tell us how weed isn't addictive.

 

[wingnut771]

Cue the mybroadband pothead division to tell us how weed isn't addictive.

it's a life style, like hiding vodka in the laundry basket.

 

[Draken]

Not surprised. All the courts in this country are total dogshit. High Court removing protections for renters, while people are still struggling from the leaders of the worlds terrible response to covid.

How about these courts go after the clear scam that is Eskom.

15 years, tons of money, no results.
Give a 10th of the money, and less than a year to a competent CEO, and the issues would be resolved.

But that isnt going to happen, this country is run by coal tycoons, and Eskom and etc will just keep being paid off to keep using the least effiecnt and most expensive method of generating eletricity.

 

[daveza]

Cue the mybroadband pothead division to tell us how weed isn't addictive.

Not physically, unlike alcohol.

 

[Flanders]

Cue the mybroadband pothead division to tell us how weed isn't addictive.

You could go weeks without using weed and test positive.

 

[daveza]

“It also does not matter that (Enever) was not impaired when she tested positive. She has to comply with the rules.”

It's a very uninformed rule that can get you fired for a personal habit that has no effect on one's work.

 

[KikzAzz]

Companies like Sasol have a zero tolerance policy for drugs and alcohol. They do test people coming on to sites and if you drank a lot and still test positive, you are fired.

 

[ForceFate]

Stupid policy...Stoned ages style...

Would you let them operate your chemical process plant? Or hoist workers to work on an overhead pipeline? Or allow them to pilot a transatlantic flight...?

 

[daveza]

Companies like Sasol have a zero tolerance policy for drugs and alcohol. They do test people coming on to sites and if you drank a lot and still test positive, you are fired.

And the powers that be ( the ones who make the 'rules' ) never have a drink over lunch - or does the prohibition only apply to the minions ?

 

[ForceFate]

Not surprised. All the courts in this country are total dogshit. High Court removing protections for renters, while people are still struggling from the leaders of the worlds terrible response to covid.

How about these courts go after the clear scam that is Eskom.

15 years, tons of money, no results.
Give a 10th of the money, and less than a year to a competent CEO, and the issues would be resolved.

But that isnt going to happen, this country is run by coal tycoons, and Eskom and etc will just keep being paid off to keep using the least effiecnt and most expensive method of generating eletricity.

The courts don't decide on what cases get prosecuted. Isn't that the function of the NPA?

 

[daveza]

Would you let them operate your chemical process plant? Or hoist workers to work on an overhead pipeline? Or allow them to pilot a transatlantic flight...?

All of the above, provided they aren't stoned at the time, and cannabis traces in your system do not equate to being stoned.

And the person in question was an office clerk.

 

[ForceFate]

And the powers that be ( the ones who make the 'rules' ) never have a drink over lunch - or does the prohibition only apply to the minions ?

Where I worked, it's mandatory for everyone who goes through the gates to get tested, including the powers that be. All had to be tested, with a camera in close watch.

 

[saor]

Cue the mybroadband pothead division to tell us how weed isn't addictive.

o/t but I don't think psychoactives every day is a good idea for anyone, especially the younger you are. Yet I've been and know the kind of pot smoker who actually can't stop, or wants to stop but doesn't because they're so dependent on getting through the day in the high state that facing reality bare naked is something they don't care to do anymore.

Idk. My work suffers when I've smoked the night before but I also realize a lot of people have jobs or the kind of brain that isn't impaired by being high or using the day before.

 

[rietrot]

Cue the mybroadband pothead division to tell us how weed isn't addictive.

Irrelevant.

 

[ForceFate]

All of the above, provided they aren't stoned at the time, and cannabis traces in your system do not equate to being stoned.

And the person in question was an office clerk.

Often there are clauses in contracts prohibiting use of cannabis 7 days prior to going to work. My employer does random drug tests and compulsory alcohol tests daily.