The recent Constitutional Court judgement regarding private use of cannabis (‘High’ Court, ‘Joint’ decision, Zapiro called it) caused much delight and concern across the spectrum. Parliament must, however, still pass and amend legislation to give effect to the judgement.
Employees should note that alcohol is also legal, but its use in the workplace is restricted. Look out for company policies that will bring cannabis use in line with alcohol policies.
Employers should note that testing for cannabis is complicated and expensive. However, it is not about whether employees indulge but about their ability to do their job. Employees may be disciplined and even dismissed for alcohol or drug abuse without specialised tests but based on observation. The same will apply to cannabis use.
Legislation to implement the CC judgement will limit the amount of cannabis allowed and may indicate how and whether it may be carried. Employers should note those regulations and act accordingly.
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