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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1594
Experience:  BCom; LLB; Masters in Law
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Tested positive of. Not smoking at working hours. Smoking on

Customer Question

tested positive for use of dagga. Not smoking at working hours. Smoking on my off days.Can employer fire me now
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.

Hi there,

This is a further information request so that I can provide you a proper answer to your legal question. Please continue in this same question thread.

Were you under the influence of dagga while you were at work? Was it a random drug test? Were the employees given notice that they would be conducting a test? Did they single you out, or did they test a few people?

Awaiting your further information.



Customer: replied 1 year ago.
not under influence of dagga at work. we work 4 days dayshift then quick change to 4 days night shift, then 4 days off. on my second day off I smoke some weed, today when we return to work they tested our engineering group and found me positive I am working at MINERAL SANDS RESOURSES at Western Cape
Customer: replied 1 year ago.
can you give me a anser
Customer: replied 1 year ago.
still wait for anser
Expert:  CaseLaw replied 1 year ago.

I am afraid that the company can have a policy whereby you are required to submit to random drug tests. This is especially the case where they company could argue that you are dealing in a dangerous situation (e.g. mining) or something like that.

Based on the positive drug test, they can take you to a disciplinary hearing, and if you are found guilty, they can fire you.

They DO have to have a hearing though, and at the hearing you need to be given a chance to reply to the charges put against you.

Expert:  CaseLaw replied 1 year ago.

Hi there again,

I hope that you understood the above advice and that it was useful? Please leave positive feedback for me.

If you have a further question please ask it?