Page 59 - Q&A.indd

There is a thin line between addiction and being under the influence
of alcohol or drugs. Our labour laws recognise addiction as a form of
incapacity and employers are required to actively assist employees
with overcoming addiction through counselling and rehabilitation.
It would however be incorrect to say that an employer can never take
disciplinary steps against an employee who is under the influence
of drugs or alcohol because each case is decided on its own merits
and will determine whether counselling, rehabilitation or disciplinary
action is the appropriate course of action. For instance, counselling
or rehabilitation would not be appropriate for an employee who
denies that she/he has an alcohol/substance dependency or refuses
assistance in the form of counselling or rehabilitation. This means that
such an employee may be subjected to disciplinary proceedings which
could, depending on the facts, lead to sanctions such as dismissal.

Employees need not be under the influence during working hours in
order to receive assistance in the form of counselling or rehabilitation
and the obligation of assistance also includes employees who have
displayed a habit of being unable to perform their duties during working Labour
hours as a result of their habitual alcohol consumption/substance use
in their private time.

Although employers are required to deal with addiction cases in a
sensitive manner by offering assistance to an affected employee, it is
important to be mindful of the fact that employers are also required to
provide a safe working environment for all employees. This means that
an employee who is under the influence of alcohol or drugs not only
poses a risk to themselves but to other employees as well. Employers
should have a policy in place to address substance/alcohol abuse at
the workplace or during the scope of one’s duties, the prohibition on
such use, testing procedures and an employee assistance programme
which outlines the counselling or rehabilitation option.
I would therefore recommend that you consult your company’s policy
on alcohol and substance abuse to familiarise yourself with the
company procedures or where no such policy exists, take up your
problem with your employer and request assistance to deal with your
addiction.

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