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Title
2025 CCMA Cannabis Case
Description
This document deals with case law related to cannabis use and dismissal. Dismissal – Substantive fairness – Misconduct – Employee smoking dagga in toilet during working hours – Dismissal fair. Mini Summary: The applicant was dismissed after testing positive for traces of cannabis in his blood. He denied smoking the drug and argued that, even if he had done so at home, there was no sign that he was intoxicated. He claimed that his dismissal was substantively and procedurally unfair. The respondent contended that the applicant and a colleague had been seen entering the male toilets by a trained nurse who was attending to an employee in the female toilets. She had noticed that the two smelled strongly of cannabis when they came out and proceeded to their work-stations.
Category
Dispute resolution
Sub Category
CCMA and B/councils
Document Type
Information Sheet
Filename
cannabis case 2025 ccma.pdf
Publish Date
18/09/2025
Price
R270.00
Author
Johanette Rheeder
Document Format
PDF

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Dismissal – Substantive fairness – Misconduct – Employee smoking dagga in toilet during working hours – Dismissal fair. Mini Summary: The applicant was dismissed after testing positive for traces of cannabis in his blood. He denied smoking the drug and argued that, even if he had done so at home, there was no sign that he was intoxicated. He claimed that his dismissal was substantively and procedurally unfair. The respondent contended that the applicant and a colleague had been seen entering the male toilets by a trained nurse who was attending to an employee in the female toilets. She had noticed that the two smelled strongly of cannabis when they came out and proceeded to their work-stations.

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