Thursday 23 May 2019
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maverick - 7 days ago

OPINIONISTA: Cannabis testing in the workplace: the CCMA got it wrong

The ruling handed down last year by South Africa’s Constitutional Court that it was unconstitutional to criminalise the private cultivation and use of cannabis (dagga), appropriately left it to Parliament to pass legislation further to regulate the matter. Meanwhile, it is now legal to cultivate and use cannabis in private – although the legislature must still define what would be considered a private space. However, recently the Commission for Conciliation, Mediation and Arbitration (CCMA) upheld the dismissal of several employees who tested positive for cannabis. I believe the CCMA got it wrong, primarily because it did not understand how cannabis testing works and what is being tested.

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