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Pretoria News reports that an employee who worked for PetroSA for 14 years and then took up a programme in traditional healing, turned to court after he tested positive for cannabis and was not allowed on site until his test results proved to be negative.
Fundo Marasi told the Labour Court in Cape Town that, subsequent to his positive test results, he was on paid annual and sick leave. He claimed he was then suspended without pay for three months. Marasi alleged that he was unfairly discriminated against on the basis of his culture. He claimed damages in the amount of R250,000 for the impairment of his dignity, past medical expenses and emotional distress. He also asked for an order that the Alcohol and Substance Abuse Policy at the company be reviewed. Marasi argued that an employee should not be immediately barred from entry when an impermissible amount of an intoxicating substance was found in his system, but the court commented that this was an “absurd view.” It also found that the barring of Marasi from the plant at Mossel Bay, did not constitute a “suspension” and thus an unfair labour practice. The court found that Marasi had applied for sick and annual leave for the period he was unable to enter the workplace and that he was treated with respect and sensitivity in his journey as traditional healer. “It appears that his journey contributed to a greater awareness of his culture on the part of his employer. I fully expect he will continue to educate those he interacts with on his calling and the use of cannabis in relation thereto,” Judge H Rabkin-Naicke said in turning down his claim.
Read the full original of the report in the above regard by Zelda Venter at Pretoria News
Get other news reports at the SA Labour News home page