Can You Be Fired For Testing Positive For Cannabis In The Workplace?

The Constitutional Court's decision in Minister of Justice and Constitutional Development and Others v Prince and Others (the "Constitutional Court decision") declared certain provisions of the Drugs and Drug Trafficking Act, 1992 and the Medicines and Related Substances Control Act, 1965 to be inconsistent with the right to privacy and therefore invalid to the extent that they made the use or possession of cannabis by an adult person for his or her own consumption in private a criminal offence.

Since then, it has been widely accepted that adults can use and possess cannabis in their private spaces. But what happens when an employee uses cannabis in their private space and later tests positive for cannabis in the workplace?