With the Constitutional Court officially passing a judgment on 18 September in terms of legalizing the household use of dagga, the whole country seems to be in an uproar. What does this entail for employers in terms of still ensuring a productive and safe working environment for all?

We can expect that employers will now face a situation where some employees aim to take advantage of this situation and if reprimanded for unacceptable behaviour, employees might plead ignorance. For labour- and industrial relations, this new situation created by the judgment of the Constitutional Court does not affect the rules, policies or disciplinary consequences employees would face should they be found using dagga at the workplace, or arriving at the workplace under the influence of dagga.

Upon reading the judgment carefully you’ll find that the government now has 2 years to regulate this decision and officially write it into legislation. This means that any and all further regulations in terms of the quantities of private use, is yet to be determined. It is, however, vital that employers note that this judgment gave the green light to private use only, and that such use thereof is now decriminalised. Emphasis is placed on private use, as this means that employees may use dagga only at their homes. Should any employee report for duty and be tested positive for this narcotic (by use of observation reports; urine tests, etc.) or should they be found to use this while on duty, the employer still has the same measures of protection and remedies to his disposal as he would have had before the Constitutional Court’s judgment.

Employees must be informed that should they use dagga at home, they still have a duty to make sure that it would not be found in their systems when they report for duty and get tested. Should it appear that an employee arrives at work with this narcotic still in their system to such an extent that it can reasonably be expected to impact his ability to perform his duties productively, or that it could pose a safety risk to himself/other employees/the employer’s property, the employee can expect to be suspended pending a formal disciplinary hearing and a possible dismissal.

In order to avoid future situations where employees take advantage of this situation, employers are urged to have meetings with all staff members and inform them that even though private use is allowed, the rules and regulations of the company would still be followed. Furthermore, employers could implement a Zero Tolerance policy that would strengthen these rules and regulations.