In this CCMA case, an employee decided to “roll a joint” on his tea break. The security caught him with the “joint” while it was lit.
The Company then proceeded to have a hearing, and soon after decided to then fired him.
The employee decided to refer his case to the CCMA as he believed that it had nothing to do with his ability to perform his work and he never received a warning for this in the past. He believed this dismissed was unfair.
At the CCMA the Commissioner said:
Most companies have “zero-tolerance” rule regarding the possession of drugs or alcoholic substances at work. This company had a written policy which the employee was aware of.
So in this case because the employee was aware of the this rule, (which was reasonable in spite of his claim that smoking weed/dagga did not affect his work).
Therefore his dismissal was found to be fair and his case was thrown out of the CCMA. In other words, he lost.
This arises certain questions: If a person takes CBD drops, will it affect their work? Will that be a dismissal too? Is CBD considered a “drug” at the workplace?
Case: Khumalo / Game Stores [2021]
