In the recent case of Enever vs Barloworld Equipment South Africa, the constitutional court ordered Barloworld to give Berndadette Enever 24 months’ pay in compensation for unfair dismissal after she had repeatedly tested positive for cannabis at work, even though she only consumed cannabis at home.
Given that cannabis stays detectable for weeks after use, this landmark judgment should encourage employers to align their drug testing policies with their employees’ right to consume cannabis at home, in the evening before coming to work the following day. Employers should invest in drug testing methods that indicate actual impairment due to cannabis.
This case has significant implications for employee drug testing policies in South Africa. Here are the key issues:
- Enhanced fairness and justification: The ruling underscores the need for employers to ensure that their drug testing policies are fair and justified. Employers must have a valid reason for implementing drug tests and their policies must be applied consistently and transparently.
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