It’s now two years since the Constitutional Court opened the door to the lawful cultivation, possession and use of cannabis in private, and many employers are no doubt concerned about the ramifications of their employees reporting for duty whilst under the influence. Can you discipline employees guilty of doing so? Is dismissal an appropriate sanction?
Unfortunately, some media coverage of a recent ruling by the CCMA (Commission for Conciliation, Mediation and Arbitration) has given the false impression that employees now have a free hand in the matter. This is not correct, and as a pointer to how employers should tackle this issue we analyse the reasons for two very different outcomes in CCMA rulings, one in 2018 and the other this year.
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