When cannabis use privately finds itself in the workplace a reflection on Enever v Barloworld equipment A division of Barloworld SA (Pty) Ltd (2024) 45 ILJ 1554 (LAC)

Carlos Joel Tchawouo Mbiada, Gideon Joubert and Lonia Ndlovu
Additional contact information
Carlos Joel Tchawouo Mbiada: University of Venda
Gideon Joubert: University of Venda
Lonia Ndlovu: University of Venda

International Journal of Research in Business and Social Science (2147-4478), 2024, vol. 13, issue 9, 299-304

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. Key Words:Impairment, dependency, addiction, right to privacy, unfair discrimination, workplace policy

Date: 2024
References: Add references at CitEc
Citations:

Downloads: (external link)
https://ssbfnet.com/ojs/index.php/ijrbs/article/view/3812/2620 (application/pdf)
https://doi.org/10.20525/ijrbs.v13i9.3812 (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:rbs:ijbrss:v:13:y:2024:i:9:p:299-304

Access Statistics for this article

International Journal of Research in Business and Social Science (2147-4478) is currently edited by Prof.Dr.Umit Hacioglu

More articles in International Journal of Research in Business and Social Science (2147-4478) from Center for the Strategic Studies in Business and Finance Editorial Office,Baris Mah. Enver Adakan Cd. No: 5/8, Beylikduzu, Istanbul, Turkey. Contact information at EDIRC.
Bibliographic data for series maintained by Umit Hacioglu ().