Guest: Advocate Tertius Wessels, Legal Director at Strata – G Solutions 

A Gauteng woman who was fired for smoking cannabis after work for medical reasons took her fight to the Labour Appeal Court of South Africa and emerged victorious. Bernadette Enever filed an appeal against Barloworld South Africa’s decision to dismiss her on April 20, 2020, for going against their zero-approach policy to drugs and alcohol. In June 2022, the Johannesburg Labour Court ruled in favour of Barloworld, but this week the appeal court set aside their ruling in what could possibly be deemed as a ground-breaking judgment. The Labour Appeal Court found that Barloworld’s policy was “overbroad” and infringed on Enever’s right to privacy. We find out more on the merits of this case and what this outcome means for employers…