The South African Constitutional Court has found that personal use of dagga is not illegal.
As the manufacturing industry has always had rules against intoxication at work, it was just a matter of time before dismissals started – and reached the CCMA.
This may also be a problem for training providers conducting work-integrated learning in similar environments, and for TVET colleges offering technical programmes, requiring operating of machinery. So it is important to have your rules, and procedures in place.
Please see attached – a decision confirming that a dismissal is fair.
We can anticipate that it is only a matter of time before further cases from the Labour Court and Labour Appeal Court will follow.