Barloworld office worker sacked for after-hours ‘joint’ at home wins two years’ backpay

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Other employers should heed the appeal court’s ruling regarding a blanket zero tolerance policy

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She smokes dagga at home in the evenings as an alternative to medicine prescribed by her doctor to help with pain and severe anxiety, but which had side effects. That background didn’t help her cause with Barloworld. Nor did the fact that she worked in an office with no dangerous machinery. The company has a zero-tolerance policy on drugs and alcohol and when she said she wasn’t going to give up her nightly puff, she was sacked.

Random checks are held, and there’s also testing during annual medicals, pre-employment tests, after “incidents” at work and so on. An employee whose results are “positive or non-negative” will have a second, confirmatory test. Should that still be positive or non-negative, the employee is sent home for seven days and then re-tested. A positive outcome leads to disciplinary action in terms of the company’s zero-tolerance approach.

Barloworld justified its policy on the grounds that it was needed to comply with the law on health and safety at work. By extension, this was also the company’s justification for limiting what Enever does in her own private time after hours.

Source: Law Daily Report (lawdailyreport.net)

 

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