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Labour Court Orders Barloworld to Pay R500,000 in Back Pay to Woman Fired for Post-Work Joint
A Gauteng female has recently been triumphant in her legal case against Barloworld South Africa after being terminated because she was using marijuana for curative purposes outside of work. According to IOL, Bernadette Enever challenged the zero-tolerance policy on drugs and alcohol by Barloworld, which infringes on her right to privacy. The arbitration at the Johannesburg Labour Court held in her favour, confirming that the employer’s criteria were strict and showed discrimination. Enver was awarded the full thirty-six delayed months, worth R 500,000.
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Enever, a category analyst, signed an Employee Policy handbook in 2012. The same contract states that personnel may be required to undergo medical examinations. While the ConCourt legislated the decriminalisation of cannabis for private use in 2018, Barloworld issued a typically contradictory policy on the use of the substance during working hours. Enever, who suffers from anxiety, experienced adverse consequences from pharmaceutical medicine but substituted these medications for cannabis products that helped her to get better. She smoked cannabis every night and used cannabis oil.
Her dismissal was dated after a positive cannabis intake test on 1st January 2020. Defiantly, Enever disagreed, arguing that her cannabis consumption was non-impairing and she had not operated complex machinery. Afterwards, she notified the Labour Court, which received the service of the Labour Court in the centre of the city. According to the verdict, both parties are accountable for their legal costs.
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