Here’s what we will be covering:

• Understanding Zero Tolerance
  • Definition and purpose of zero tolerance in the workplace under South African law.
  • The limits: Why dismissal is not always justified and what proportionality means.
• Under the Influence vs Testing Positive
  • Legal distinction between being “under the influence,” “intoxicated,” and merely testing positive for an intoxicating substance.
• Alcohol
  • Admissibility and Reliability of Breathalyser Tests
    • Are breathalyser results sufficient and reliable for disciplinary hearings? Practical steps for compliance and evidentiary value.
    • The importance of calibrated devices and trained personnel.
  • Importance of Observation Tests
    • Why physical and behavioural observation remains critical for proving impairment, especially where testing technology may be challenged.
    • Recent disputes and outcomes relying on observation vs breathalyser results: Relevant case law.
• Cannabis
  • Right to Privacy vs Employer’s Duty to Safety
    • Update on the right to private cannabis use (Minister of Justice v Prince, Enever v Barloworld) and how it intersects with occupational health and safety obligations.
    • Proportionality: Blanket zero-tolerance policies found to be overbroad and irrational by the LAC if they invade privacy and do not serve a legitimate safety purpose.
  • Testing: Intoxication – Urine vs Saliva?
    • Comparison of urine versus saliva testing: which route to go.
    • Scientific and legal considerations for choosing tests; implications for policy and fairness.
• What should be in your policy
  • Clause essentials: Scope, purpose, prohibited conduct, testing procedures, privacy rights, consequences and support measures.
  • Legal compliance: Consent for testing, confidentiality, progressive discipline, accommodation for medicinal/rehabilitating employees.

PLEASE NOTE: No recordings available. Slides are available to attending delegates. Fees are charged per delegate and not per screen.