This case demonstrates that notwithstanding the decriminalisation of the private use, possession or cultivation of cannabis, employees may be dismissed for testing positive for cannabis while in the workplace. Moneyweb
In a 2018 judgement by the Constitutional Court, the highest Court in the land effectively decriminalised the private use, cultivation and possession of marijuana by declaring that specific provisions under the Drugs and Trafficking Act No.140 of 1992 and the Medicines and Related Substance Control Act No.
The employer’s case in this regard centred around the fact that its zero tolerance policy was particularly important considering the hazardous environment in which it operates, and that the Constitutional Court had only decriminalised the private use of cannabis but that the workplace was subject to the health and safety rules set out in the Occupational Health and Safety Act No.85 of 1993. The arbitrating commissioner held that the dismissal of the employees was substantively fair.
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