To avoid lengthy dispute resolution processes, legal experts advise employers to revise their substance policies following the newly published Cannabis for Private Purposes Act.
Employers should proactively update policies to accommodate legal cannabis use, ensuring compliance and workplace safety, thereby averting disputes arising from outdated rules.
While the 2018 Prince judgment saw the Constitutional Court decriminalise the private use of cannabis by adults in South Africa, which led to increased private cannabis use. This is because the Cannabis Act does not alter an employer’s obligation to maintain a safe working environment, as set in legislation like the Occupational Health and Safety Act.
Recent Labour Court judgements have expressed that zero-tolerance policy against the use of cannabis may infringe on an employee’s right to privacy and dignity, as a mere positive test for cannabis is not sufficient grounds to lead to a conclusion that an employee is impaired in the performance of their duties.
A substance use policy that is fully intolerant of cannabis consumption was recently scrutinised in another case.
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