Read the article below and answer the questions that follow: Taking your high from home to work Considering the impact of cannabis on the workplace Since the declaration by the Constitutional Court regarding the legalisation of cannabis for private use, employers are required to determine how best to manage the effects of personal cannabis use in the workplace. According to Mather and Gerson (2019), the legitimate use of cannabis at home does not necessarily mean employees are entitled to attend the workplace under the influence or to render services with their ability impaired. The consequences thereof were recently heard at the CCMA. In one particular case an employer dismissed several employees for being intoxicated and for testing positive for cannabis during working hours. According to the employer the companys substance abuse policy had a zero-tolerance approach to the use of intoxicating substances. The employer contended that the nature of the industry demanded strict adherence to substance abuse policy. Employees disagreed with the fairness of their dismissals, claiming that the cannabis consumed had been taken at home during their private time and not during working hours. The Commissioner appreciated the legality of the new ruling regarding the private consumption of cannabis. However, it was argued that (similarly to alcohol) an employee is expected not to arrive at work under the influence of a substance, the consumption of which could impair the employees ability to work and place the employee and fellow colleagues at risk. According to Mather and Gerson (2019), the rationale behind the employers zero-tolerance approach to substance abuse was consistent with the high degree of danger posed at the workplace in which heavy machinery and dangerous equipment was continually being operated. The Commissioner held that it was expected of the employer to insist on the strict rule regarding the use of intoxicating substances, due to the inherently dangerous working environment. The employees dismissals were thus found to be fair (Mather and Gerson, 2019).

Questions:

1.1. Discuss whether an employee should be dismissed for substance abuse by referring to the relevant provisions of the LRA. (10)

1.2. With the aid of a flow diagram, evaluate the disciplinary process that would be followed in a case such as described in the article. (20)

1.3. Explain your point of view with regard to whether the use of cannabis at work should be dealt with as misconduct or incapacity (5)

1.4. Would your disciplinary approach be any different if the employee had used cannabis for medicinal purposes? Give reasons for your answer. (5)