Testing for dagga at work? If you get high after hours, they can’t fire you – Labour Court
The Labour Court has overturned a decision to fire an employee based solely on a positive cannabis test, without evidence of impairment.
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Lester Kiewit interviews Myrtle Clarke, Managing Director at Fields of Green for All.
Listen below.
The landmark legal battle between Barloworld and Bernadette Eneve is a victory for workers' rights in South Africa, argues Clarke.
The court overturned Barloworld's decision to fire Eneve based solely on a positive cannabis test, despite lacking evidence of impairment.
This case now sets a precedent.
Cannabis can remain detectable in the system for up to 30 days, leading to misconceptions of impairment among those unfamiliar with this fact.
Barloworld has a month to appeal at the Constitutional Court.
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"That's the very difficult thing with dagga in South Africa, that we have to go through the courts so that the evidence can be heard so that we can free our people from oppression."
- Myrtle Clarke, Fields of Green for All
"Just because it's in your system, it doesn't mean to say that you are impaired."
- Myrtle Clarke, Fields of Green for All
Scroll up to the audio player to listen to the interview.