Substantive fairness Cashier :Dismissal of cashier for lighting a dagga “zol” during tea break – Possession of drugs at work – Dismissal fair.

The applicant, a cashier at one of the respondent’s stores, was apprehended by security guards outside the store with a lit “zol” of cannabis. He claimed that he was on tea-break at the time and that the dismissal was unfair because his conduct had nothing to do with his work.

The Commissioner noted that the respondent had a “zero-tolerance” rule regarding the possession of narcotic or alcoholic substances by employees. The applicant was aware of the rule, which was reasonable in spite of his claim that smoking dagga did not affect his work.

The application was dismissed.

Khumalo / Game Stores, Commission for Conciliation, Mediation and Arbitration,  Award date: 08/02/2021 Case No: KNPM2149-20, Before: C Woods

Referral in terms of section 191(5)(a)(i) of the LRA .

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