The employee argued that after the Constitutional Court’s decision in 2018, which accepted that it is not a criminal offence to use cannabis in the privacy of one’s home, she began using cannabis, which helped reduce her reliance on prescription medication and assisted with her anxiety and sleep disorder. She also stated that she smoked cannabis every night and on weekends.
The LAC (Labour Appeal Court) “had to determine, amongst other issues, whether the policy is discriminatory and, as such, whether the company subjected the employee to unfair discrimination which would render her dismissal automatically unfair,” explained the experts.
The ENS practitioners said that the LAC held that the zero-tolerance approach to testing positive for cannabis at work “resulted in the employee being unfairly discriminated against as it infringed her dignity by violating her right to privacy.”
Wonderful win for South Africa and medical cannabis patients. Kudos to the legal team involved at ENS, including Kerrie-Lee Olivier, Audrey Johnson, and Tswelopele Ramokoka!
More details found here:
