A labour advocate has warned that the legalisation of
private marijuana use does not mean you cannot be fired for pitching up
at work stoned.
Advocate Tertius Wessels, legal director of Strata-g Labour Solutions
said: "Don’t light up a joint too soon, thinking you can’t get fired.
While the private use of cannabis has been legalised, going to work
stoned is not a good idea.”
He said arriving at work stoned was the same as doing so drunk or under the influence of any narcotic substance.
“Being under the influence of mind-altering substances at
work renders the employee unfit for duty and can be dangerous,
especially for those who operate complex machinery or drive vehicles.
“The issue with cannabis is that it can stay in the system for
several hours, even days. This is worrying, especially from an
occupational health and safety perspective,” Wessels said.
The workplace was "not considered a private space" and employers
could take action against employees who were under the influence of
cannabis.
Steps could include:
• Asking the employee to leave the workplace;
• Disciplinary action;
• Urine, saliva and blood tests to determine the presence of THC in the system.
“Of course, employees have to consent to the testing. However, if
they are caught in a lie about their cannabis consumption, they could be
in breach of their employment contract and/or possibly guilty of
dishonesty, which could ultimately lead to them being dismissed.”
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