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?
