Killing Time Might Kill Your Case

Intoxication in the workplace and employees reporting for duty under the influence are considered serious forms of misconduct. Employers routinely grapple with such offences. Recently, there have been cases involving intoxicated employees that have garnered attention in the labour arena. At first glance, these cases may seem troubling for employers, but it is crucial to examine them closely before jumping to immediate conclusions.

In a recent case, Tiger Brands (Pty) Ltd v AFADWU obo Ben Mabizela, the Labour Court ruled that dismissing an employee who reported for duty while under the influence and had previously received a final written warning for a similar offence was unfair. At first glance, this decision may appear surprising. After all, how can an employee's dismissal be deemed unfair when they repeatedly engage in misconduct related to intoxication, a matter viewed as highly serious?