Labour Appeal Court confirms that the dismissal (of an employee) for testing positive for cannabis is automatically unfair and is discriminatory.
An employee was dismissed for testing non-negative for cannabis while on duty during a routine medical check. He thought this was unfair and saw the actions of his employer as discriminatory. He took the matter to court, and he lost. On appeal to the labour appeal court, things went his way.
To help us understand how the Labour Appeal Court reached this decision, I’m joined by attorney and founder of The Legal Affair, Nonhlanhla Mtshali.
Guest: Nonhlanhla Mtshali, Attorney and founder of The Legal Affair