An employee who was fired after repeatedly testing positive for cannabis, in breach of company rules, has failed in their bid to be reinstated. The company had a zero-tolerance policy towards alcohol and drugs requiring employees to undergo regular tests. After failing several weekly tests the employee was charged with breaching the company’s Alcohol and Substance Abuse Policy and was fired. Johannesburg Labour Court Acting Judge Makosho Ntsoane held that the employee was at all times aware of the policy which had been applied consistently to all employees. He said in light of the dangerous environment, the company was entitled to its zero-tolerance policy and the Constitutional Court judgment on cannabis did not offer protection to employees who breach company policies.
