In a groundbreaking decision, the Labour Appeal Court reversed the Labour Court’s ruling in Bernadette Enever vs. Barloworld Equipment, setting a new precedent that challenges the extent to which company policies can intrude into employees’ private lives.
The employee’s services were terminated after repeatedly testing positive for cannabis in her system. The employee, who used cannabis to manage severe anxiety, argued that her consumption, which occurred outside of work hours, did not impair her ability to perform her office-based duties.
The Labour Court sided with Barloworld, relying on the company’s strict zero-tolerance policy against substance abuse. They dismissed Enever’s claims, suggesting that the decriminalisation of private cannabis use did not affect workplace policies.
April 2024 marked a pivotal shift as the Labour Appeal Court overruled this decision. The court highlighted that firing Enever based merely on her cannabis test results—without any direct evidence of her impairment at work—constituted an excessive, unjustified invasion of her privacy.
The ruling criticised blanket zero-tolerance policies that do not consider individual employee’s circumstances. It proposed that evidence of impairment should mirror the frameworks used in alcohol-related assessments, like observing slurred speech or coordination issues.
The court awarded the employee 24 months’ compensation, underscoring the necessity of company policies that respect personal freedoms without compromising job performance and safety standards.
Implications for Employers and Employees:
This ruling compels companies to rethink how they regulate the private, non-work-related behaviour of their employees, particularly regarding cannabis use. It stresses the need for policies that respect privacy while ensuring workplace safety.
This landmark victory could pave the way for more nuanced approaches to drug policies in the workplace, balancing employee rights with safety considerations.
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