Work

When cannabis use privately finds itself in the workplace a reflection on Enever v Barloworld equipment

Year: 2024

Type: article

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.

Source: International Journal of Research in Business and Social Science (2147-4478)

DOI: 10.20525/ijrbs.v13i9.3812

Authors: Carlos Joel Tchawouo Mbiada, Gideon Joubert, Lonia Ndlovu

Institution: University of Venda

Language: English

Topic: Legal Issues in South Africa

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Decent work and economic growth

Open Access status: gold

Estimated APC paid: $129