CCMA Case on drugs ‘Cannabis – Marijuana – Dagga’ …. In Mthembu and others / NCT Durban Wood Chips – three applicants were among several employees who were dismissed after testing positive for cannabis during a dope test at work.
The applicants claimed that they had not smoked the drug during working hours.
The employer claimed that due to the highly dangerous operations in its factory, an employee may not be under the influence of drugs in the workplace.
The Commissioner noted that the Constitutional Court had just declared private use of cannabis legal. However,
employers are still entitled to discipline employees who use cannabis or are under its influence during working
hours. The respondent’s operations indicated that such a prohibition was reasonable and the applicants knew that
they were not allowed to report for work while under the influence of cannabis.
The applicant’s dismissal was upheld.