![]() One of the difficulties that employers will face when employees use cannabis in their private time is that they will need to show that the employee’s ability to work was impaired or that the employee was under the influence of cannabi s while at work.The debate on how best to deal with the impact of personal cannabis use in the workplace is thus likely to continue.įor the time being, employers should also be mindful of the following issues: What about employees who perform desk jobs under the influence of cannabis? Would a zero-tolerance’ approach to these employees be reasonable in such circumstances? Would these employees pose a threat to the safety of other employees in the workplace? While the CCMA’s ruling may provide guidance to employers, the decision to dismiss the employees in the present matter was closely aligned to safety considerations associated with individuals working in a dangerous environment, under the influence of intoxicating substances. The employees’ dismissals were thus found to be fair. In the circumstances, the Commissioner held that it would be reasonable for the employer to expect its employees not to be under the influence of cannabis when reporting for duty because of the inherently dangerous working environment. The rationale behind the employer’s zero-tolerance approach to substance abuse was consistent with the high degree of danger posed at the workplace in which heavy machinery and dangerous equipment was continually being operated. While noting that the Constitutional Court had recently declared the private use of cannabis legal, the Commissioner held that, akin to alcohol, an employer is entitled to discipline employees who use cannabis or are under its influence during working hours, where there is an inclination that the consumption of cannabis could impair the employee’s ability to work to the standard and care reasonably required by an employer. ![]() The employees challenged the fairness of their dismissals on the basis that they had consumed the cannabis at home in their private time and not during working hours. In terms of the company’s substance abuse policy, the employer had a ‘zero-tolerance’ approach to the use of intoxicating substances by employees due to the dangerous nature of the industry in which it operated. In this case the employer, a company in the wood and chip industry, dismissed several employees for being under the influence of an intoxicating substance after testing positive for cannabis during working hours. The implications of the personal use of cannabis and its impact on the workplace were recently considered by the Commission for Conciliation, Mediation and Arbitration in the case of Mthembu & others v NCT Durban Wood Chips 4 BALR 369. The legitimate use of cannabis at home does not necessarily mean employees are entitled to attend the workplace under the influence or to render services with their ability impaired. Since the Constitutional Court declared the private use of cannabis legal in the matter of Minister of Justice and Constitutional Development and Others v Prince & Others ZACC 30, employers have been required to consider how best to deal with the effects of personal cannabis use in the workplace. Taking your high from home to work – considering the impact of cannabis on the workplaceīy Nadine Mather, Senior Associate and Amy Gerson, Associate, Bowman Gilfillan Attorneys
0 Comments
Leave a Reply. |