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ARTICLE · 15 JULY 2024

Zero-Tolerance – Problematic Clauses In Employment Contracts

Upon appointment in a new position in a business or organisation, employees are usually issued employment contracts that contain a myriad of clauses, terms, and conditions.

South AfricaEmployment and HR

Upon appointment in a new position in a business or organisation, employees are usually issued employment contracts that contain a myriad of clauses, terms, and conditions. One such clause which often gets overlooked is the "zero tolerance approach to alcohol use".

In practice, intoxication is interpreted to mean "being under the influence of alcohol to a point where a person's physical or mental control is remarkably diminished, and a person's faculties are impaired". A typical example of an alcohol or zero tolerance to alcohol clause may read something like:

"An employee will be deemed as unfit to enter or remain in the workplace or on the premises of the employer in the event that alcohol levels exceed 0.000%."

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