Recent Constitutional Court rulings have been at the forefront of Labour Law developments. Besides the Assign Services temporary employment services outcome, recently there had been rulings legalising the private use of cannabis as well as a rulingon the singing of struggle songs in the workplace. Added to that there has been the issuing for public comment of picketing rules which we have over this past year been advising you on. The utilisation of cannabis in private is now legal, however, the legislature is going to be provided with a period within which to develop law around this.

As you are aware that consuming alcohol is also legal however the relevant limits in the workplace and the prevention of a person under the influence at the workplace, from a health and safety perspective, remains intact. As a result, one must be clear that this will remain going forward and that the Constitutional Court outcome is not merely a free fall. In addition to this is the nuance that companies must bear in mind that cannabis stays in your system for three to four weeks which no doubt will challenge our definition of under the ‘influence of alcohol’.

The Concourt outcome with regards to the singing of struggle songs is not a canvas free fall and it is imperative that one understands the particular circumstances which led to the outcome.

All these developments will be discussed across the country during our Annual Labour Law Update seminars where Jonathan will be unpacking these outcomes in greater detail and discussing ways and means of dealing with these outcomes in your workplace.

Join us at the various centres and engage with Jonathan and other business leaders in the HR and IR fields as we unpack the challenges and potential solutions thereto.

The Annual Labour Law Update is taking place in 6 cities across South Africa:

  • 2 October: Durban
  • 16 October: Johannesburg
  • 18 October: East London
  • 6 November: Port Elizabeth
  • 7 November: George
  • 9 November: Cape Town

Jonathan Goldberg and Grant Wilkinson