In a recent CCMA case, an employee was reinstated as the company failed to show that the employee was under the influence of dagga.
The employee was charged with being under the influence, however all the company had for evidence was a positive test and an observation of red and watery eyes.
The CCMA found that this is not enough – although there isn’t a scientific test to show under the influence and the law hasn’t set the limits yet. A positive test does not mean that the employee is under the influence.
The company should have looked at circumstantial evidence, such as mental or physical impairment. This the company did not do and therefore the company failed to show that the employee was guilty.
The take-home of this case is that policies concerning the use of alcohol/dagga must be in place and more importantly, the company should have in place an observation checklist, which will set out certain aspects that managers/security should use to determine, not only if the employee tests positive, but if the employee is in fact under the influence.
For more information, click on the link below to listen to Tracey Mouton’s interview with Daron Mann on MannMadeRadio or contact Tracey Mouton on 041 5019800 or visit www.goldbergdevilliers.co.za today.