Failing to disclose drug habits, alcoholism and mental conditions when applying for a job can have various consequences, depending on the situation, the job, and a company’s policy.
Ideally, a company should have a potential employee complete a questionnaire just before or during a job interview where the potential employee is asked if they have a drug or alcohol addiction or if they have any mental disorder. Furthermore, a contractual clause is suggested to place a duty upon employees to disclose any such addictions or disorders as soon as they become aware thereof, should such addiction or disorder come into play post-employment.
The consequences of an employee failing to disclose their addictive habits or mental disorder may include job termination and/or civil legal action.
Job Termination
If an employer discovers that an employee withheld information about drug habits or mental conditions, particularly when they were required to provide such information during a job interview, they may have grounds for termination.
This could be due to dishonesty or because the undisclosed information is directly related to the job requirements or poses a safety risk. Furthermore, should such addiction or disorder come to play post-employment, and the appropriate contractual terms were agreed to, the employee could be found to be in breach of their employment contract.
Untreated or undisclosed mental health issues or addictions could lead to difficulties in the workplace and endanger the lives of fellow employees. Apart from the danger aspect, productivity and relationships with colleagues may also be affected and this could be grounds for incapacity proceedings.
Legal Consequences
In some cases, deliberately providing false information on a job application or during an interview can have legal repercussions. Employers may take legal action if they believe the omission or misrepresentation harmed the company or its employees.
Criminal Charges
When the drugs being used are illegal the onus is on the company to report the employees’ activity to the police. Failure to report this activity could cause the company to be vicariously liable for legal action from a successive employer who has suffered at the hands of the drug addicted employee.
It is for this reason that employers are advised that employees’ should specifically be questioned regarding alcohol and drug usage as well as their mental condition in the interview phase, and the appropriate contractual terms scribed into employment contracts.
For more information call Robert Niemand, Managing Director: LabourNet Eastern Cape (Pty) Ltd, on 041 373 2994 or 082 824 7359. He may also be emailed on robertn@labournet.com or contact PK Malamlela, Client Relationship Consultant on 041 373 2994 or 060 6428 659 or pmalamlela@labournet.com