Page 5 - KZN Business Sense 10.1 Page One Shaaz Moosa - CEO Supahot- Ebook

CANNABIS IN THE WORKPLACE?

WHAT IF YOUR EMPLOYEE IS TRAINING AS A TRADITIONAL HEALER THAT

REQUIRES THEM TO USE CANNABIS?

Johan van Deventer, The employee was employed by He argued that cannabis use was
KZN Regional PetroSA as a teleco technician. In part of his training programme
Manager, LabourNet April 2019, he informed PetroSA and lodged a complaint against
of his intention to embark on his treatment. Although the
ccording an 18-month traditional healer matter was resolved and the
to Section training programme, which employee returned to work after
A6 of the required him to be transferred a medical assessment showed
Employment from the Cape Town branch that he abided by the employer’s
Equity Act to the Mossel Bay factory. This policy, he said that his treatment
(EEA), unfair was permitted by PetroSA on constituted unfair discrimination
discrimination condition that he be declared based on culture in contravention
based on medically fit. PetroSA had a of the Employment Equity Act
various substance-abuse policy the (EEA). He also argued that
grounds, purpose of which was to ensure a the policy was outdated and
including religion and culture, safe working environment and the conflicted with the Constitutional
health of its employees, as well as
is prohibited. However, to comply with safety legislation. Court’s decision in Minister The use of cannabis is no
discrimination may be justified To those ends, strict adherence of Justice and Constitutional that no employee entered a longer illegal for private use,
if it is an inherent requirement to the processes for entry to and Development and Others v petrochemical plant above the but the Labour Court said that
of the job or if affirmative action operation in the refinery was Prince, which legalised cannabis limits set by a policy, in line the employer is still permitted
measures are taken. for personal use. with international standards,
required. In terms of the policy, to regulate its use, especially
In 2018, the Constitutional employees testing above the cut- The court identified the factual meant that there was no basis if it affects the employment
Court in the matter of Minister off limit for any substance in a issues as being whether he for the court to find the policy environment. It is recommended
of Justice and Constitutional laboratory test would be deemed had been suspended, whether unfairly discriminatory. that employers review their
Development and Others v unfit for duty until such time the employer had reasonably Unfair suspension – The court substance abuse policies to align
Prince [2018] (6) SA 393 (CC), as they tested either negative or accommodated him, and whether accordingly found that PetroSA’s with the evolving regulatory
effectively legalised the private under the cut-off level. the job that he did required that requirement for the employee environment applicable to
cultivation, use, and possession The employee had to undergo he be prevented from entering the cannabis use. In the absence
of cannabis for private a medical assessment when workplace when he tested over the to vacate the workplace did not of a clear rule, employees may
purposes, in private places, he arrived in Mossel Bay. The applicable limit for cannabis in amount to an unfair suspension, test the boundaries of their
for personal consumption. assessment found that the terms of the policy. but a reasonable application newfound rights. 
The impact of the decision in employee had high levels of Labour court finding: – of company policy. Although
workplaces was unclear and cannabis in his system, which the principle of reasonable Contact LabourNet now or for additional
arbitrators tended to find that exceeded the limit in the policy. Inherent requirement of accommodation was not directly information, view our socials – Facebook,
employers were entitled to set Further tests confirmed the the job – It was found that relevant, since the court had LinkedIn, Instagram and YouTube.

workplace policies regarding existence of cannabis in his the testing requirement in the found that the employer had T: +27 (0)31 266 6570
substance abuse, including the system, which was above the policy was reasonable given the not discriminated against the C: +27 (0)82 786 7480
use of cannabis. This approach acceptable limit. The employee employer’s working environment employee on the grounds of his E: johanvd@labournet.com
W: www.labournet.com
was recently confirmed in the was then declared unfit for duty and that it was in line with the cultural practices, the employer
Labour Court judgment of and blocked from entering the health and safety legislation had accommodated the employee
Marasi v Petroleum Oil & Gas premises until he provided a test applicable to the sector. in the broader sense of the term,
Corporation of SA (SOC) Ltd that was either negative or below Unfairly discriminatory – The and that accommodation had
(2023) 44 ILJ 2261 (LC). the permissible limit. need to test employees to ensure been reasonable.

APPLICATIONS FOR DAC ACCELERATOR OPEN

he Durban Automotive enterprises (SMEs), unlocking benefits. These include: ■ Operational for at least two building, culminating in an
Cluster (DAC) is growth and fostering economic years opportunity to pitch their
Several big customers actively
Tdelighted to announce development. ■ seeking new, local suppliers business to senior decision
the opening of applications for 2. Aspiring SMEs looking to makers from the participating
its Business Accelerator. This Why Apply to the 2024 ■ Expert support from industry become suppliers to automotive industry
ground-breaking programme is Accelerator? leaders to enable business scale participating customers are customers, as well as several
spearheaded by the unwavering Kyle Ballard, Head of the and growth encouraged to take note of the investors.
support of the eThekwini Accelerator, believes that this is a ■ Capital and investment oppor- criteria being sought 4. Where commercial
Municipality and leading “once-in-a-lifetime” opportunity tunities to unlock potential in potential, local vendors, opportunities between
automotive industry giants, for SMEs across South Africa ■ A chance to win cash prizes including: high-potential SMEs and
including Toyota South Africa to take their business to the ■ Strong engineering design the participating lead firms
Motors, Hesto Harnesses, and next level, saying. “The DAC How does it work? capabilities are identified, several phases
Toyota Boshoku South Africa. Accelerator is designed to 1. To qualify, your company ■ Reliable quality assurance of upgrading will then follow,
The DAC Accelerator is empower established Black must meet the following processes focused on unlocking new
focused on driving localisation, South African-owned SMEs criteria: ■ Healthy cash flow management sales and business scale. 
empowering Black industrialists, who have what it takes to supply ■ Currently or aiming to offer competencies
and developing commercial industry giants within the local products or services to ■ Strong preference for world The DAC encourages all interested
partnerships with high-potential automotive sector, offering a industrial customers class manufacturing leadership qualifying Black-owned SMEs across
enterprises in the South African unique pathway to growth and ■ South African-owned business competencies as well as IATF the country to apply before the closing
automotive sector. Its ultimate success.” and ISO9001 compliance deadline of 15th April 2024. Follow this
goal is to facilitate positive In addition to six months of ■ 51% or more Black ownership link: https://bit.ly/3Um8mVA
commercial and transformational hands-on mentorship with some ■ Annual turnover of R50 million 3. The SMEs will be screened,
outcomes for both lead of South Africa’s top industry or less with a shortlist of the most
enterprises and participating leaders, qualifying businesses will ■ Registered with CIPC promising businesses, invited
small and medium-sized also gain access to various other ■ Tax compliant to several stages of capacity

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