Today's Labour News

newsThis news aggregator site highlights South African labour news from a wide range of internet and print sources. Each posting has a synopsis of the source article, together with a link or reference to the original. Postings cover the range of labour related matters from industrial relations to generalist human resources.

labourcourtsIOL News reports that a Gauteng woman who was fired for smoking cannabis after work for medical reasons took her fight to the Labour Appeal Court (LAC) and emerged victorious.

Bernadette Enever filed an appeal against Barloworld SA’s decision to dismiss her on 20 April 2020, for going against its zero-approach policy to drugs and alcohol. In June 2022, the Johannesburg Labour Court ruled in favour of Barloworld, but this week the LAC set aside the ruling in what could possibly be deemed as a ground-breaking judgment. The LAC found that Barloworld’s Alcohol and Substance Abuse Policy was “overbroad”. It further ruled that the policy was irrational and violated Enever’s right to privacy in Section 14 of the Constitution, to the extent that it prohibited office-based employees who did not work with or within an environment that has heavy, dangerous and similar equipment from consuming cannabis in the privacy of their home. Enever worked as a category analyst at the time of her dismissal. She worked in an office without operating dangerous machinery nor was she required to drive for Barloworld. The court found that Enever’s suffered unfair discrimination and that her dismissal was automatically unfair. Barloworld was ordered to pay her 24 months compensation of some R43,200 per month, amounting to more than R1 million.

  • Read the full original of the report in the above regard by Jolene Marriah-Maharaj at IOL News


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