The Labour Appeal Court has lit up the room with a ruling that’s left Barloworld coughing up some serious cash.
On 23 April, the Labour Appeal Court ordered Barloworld Equipment to compensate former employee Bernadette Enever with over R1 million in back pay after being unfairly fired for testing positive for dagga.
The case revolves around Barloworld’s zero-tolerance policy towards drug use, which led to Enever’s dismissal after repeatedly testing positive for dagga. However, the court found this policy to be overbroad and unwarranted, as it effectively prohibited employees from consuming cannabis in their private time, even though the Constitutional Court gave the thumbs-up to weed back in 2018.
This ruling is more than just a win for Enever – it has now set a significant precedent regarding dagga consumption in the workplace. But before you light one up, here are the specifics.
Enever, who had been a loyal employee of Barloworld since 2012, testified that she began smoking cannabis following its legalisation for private use in 2018. According to her testimony, it proved to be a game-changer, reducing her reliance on prescription drugs for managing pain and sleep issues.
Despite disclosing her new smoking habits, there was no evidence that Enever was ever ‘impaired’ during work hours, as she was not involved in operating heavy machinery.
The court emphasised that merely testing positive for cannabis does not imply impairment or inability to perform job duties effectively. Instead, the court found that Enever’s dismissal underscored an employee’s right to privacy outside of work hours.
Next time you’re given the side-eye for that post-work puff, remember you can’t still knock it out of the park at work – and keep your smoke breaks private, too!
It’s high time South Africa had a win for workers.
Last week, the Democratic Alliance (DA) unveiled its policy saying that if the party were to win the elections on 29 May, the minimum wage would not be increased “any further”, and instead, the monetary value would be allowed to be “eroded” by inflation. In simpler terms, the DA is suggesting that the minimum wage won’t be adjusted to keep up with rising prices. So, while South African workers may be underpaid, at least we can pass around a joint at the end of the day.
