ZERO TOLERANCE FOR DRUG USE

The medicinal use of cannibas, which is permitted in terms of legislation, has caused many employees to escape being disciplined, especially when the employee uses their recreational use, in their private residence, as an “excuse”.

This has called into question the concept of “zero tolerance” that many employers have in place for testing positive or both drugs and alcohol.
The November 2025 case of Mowers/Livewell OPCO (Pty) Ltd has however reaffirmed the acceptance of zero tolerance by the CCMA and the Courts in turn.

Zero tolerance will always depend on the work performed by the employee and the work environment.

In the matter at hand, the employee was a caregiver at a home for the care of patients suffering from dementia. The Commissioner was comfortable that the work environment, and position of a carer, caring for elderly, frail and vulnerable patients was an environment which permitted zero tolerance. The employee’s dismissal was therefore considered fair.

This case highlights the importance of ensuring that policies within the workplace are properly updated in line with the latest legislation and case law to ensure that employees are not able to escape liability for their wrongdoing.

For professional legal advice, contact Tracey Mouton, HR Director, at Goldberg & de Villiers Inc. on 041-5019800 | traceym@goldlaw.co.za