By now, most of us are aware of the “Prince" judgment where the Constitutional Court declared that the use of cannabis in a private home is legal. While this decision was celebrated in certain communities across the country, it opened the door to many unanswered questions and much uncertainty. One such unanswered question, being, whether an employee can be dismissed for the use of cannabis, in a private home, after hours.
While the answer might seem obvious, if the “Prince” judgement is considered, there are a range of factors to be considered which will contribute to a final decision. All employees should be aware that they can still be dismissed, in certain circumstances, for the use of cannabis, even if the use thereof was at a private home and after hours.
Most employers have a zero-tolerance policy when it comes to the use of banned substances and/or cannabis, and the CCMA and Labour Courts have remained unaffected by the Prince decision when considering the zero-tolerance policies of Employers. This was evident in a recently decided matter before the CCMA and the Labour Courts where, while the dominant argument on behalf of employee was that she did not transgress any laws by making use of cannabis in the comfort of her home, it was held that the employee did not enjoy the protection of the “Prince” judgement when she transgressed company policy by smoking cannabis after hours in her private home, and tested positive for the use of banned substances and/or cannabis, in a random drug test.
This, however, remains a developing topic and we are sure to see much change, in legislation and/or company policies, over the next few years. However, in the meantime, employees are warned not to be found guilty of transgressing company policies, as this might have grave consequences!
If you are uncertain about your rights and responsibilities within the workplace, please do not hesitate to contact us for advice.
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