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Tested positive of. Not smoking at working hours. Smoking on…

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tested positive for use of...
tested positive for use of dagga. Not smoking at working hours. Smoking on my off days.Can employer fire me now
Submitted: 2 years ago.Category: South Africa Law
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2/3/2016
Lawyer: CaseLaw, Attorney replied 2 years ago
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,692
Experience: BCom; LLB; Masters in Law
Verified

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.

Regards

CaseLaw

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Customer reply replied 2 years 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 reply replied 2 years ago
can you give me a anser
Customer reply replied 2 years ago
still wait for anser
Lawyer: CaseLaw, Attorney replied 2 years 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.

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Lawyer: CaseLaw, Attorney replied 2 years 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?

Regards

CaseLaw

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CaseLaw
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