The Labour Appeal Court has ordered Barloworld Equipment to pay over R1 million in back pay to an employee it fired in 2020 for repeatedly testing positive for cannabis use.
The ruling states that employers cannot enforce zero-tolerance drug policies that stop workers from using cannabis at home, as long as they are not impaired during work hours.
The judgment helps clarify how the Constitutional Court's landmark 2018 judgment allowing adults to use marijuana at home should be implemented at work.