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When cannabis use privately finds itself in the workplace a reflection on Enever v Barloworld equipment A division of Barloworld SA (Pty) Ltd (2024) 45 ILJ 1554 (LAC)

Author

Listed:
  • Carlos Joel Tchawouo Mbiada

    (University of Venda)

  • Gideon Joubert

    (University of Venda)

  • Lonia Ndlovu

    (University of Venda)

Abstract

In this case note, we disagree with the Labour Appeal Court’s decision in which it found that the dismissal of an employee for testing positive for cannabis consumed in her private home was unfair on account of discrimination. In particular, we hold the view that the finding that the employer could not prove intoxication, was misconceived. We argue that because the employee admitted to being dependent on cannabis, proof of intoxication or impairment was unwarranted. We lean on the literature which evinces that cannabis users suffer from cognitive deficits. We then argue that cognitive decline is no more than an impairment that may affect productivity. Key Words:Impairment, dependency, addiction, right to privacy, unfair discrimination, workplace policy

Suggested Citation

  • Carlos Joel Tchawouo Mbiada & Gideon Joubert & Lonia Ndlovu, 2024. "When cannabis use privately finds itself in the workplace a reflection on Enever v Barloworld equipment A division of Barloworld SA (Pty) Ltd (2024) 45 ILJ 1554 (LAC)," International Journal of Research in Business and Social Science (2147-4478), Center for the Strategic Studies in Business and Finance, vol. 13(9), pages 299-304, December.
    • Handle: RePEc:rbs:ijbrss:v:13:y:2024:i:9:p:299-304
    DOI: 10.20525/ijrbs.v13i9.3812
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