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Employee pouring an alcoholic drink, representing workplace alcohol misconduct, zero-tolerance policies, disciplinary action, dismissal, and South African labour law.

Zero-Tolerance Doesn't Mean Automatic Dismissal, Labour Court Rules

Can an employee be automatically dismissed for testing positive for alcohol under a zero-tolerance workplace policy? In Cipla Distribution Gateway v Mwale, the Labour Court upheld a CCMA reinstatement award and confirmed that a positive breathalyser result alone does not remove the requirement to assess fairness. The case highlights impairment, breathalyser reliability, confirmatory testing, proportionality and individual circumstances when determining whether dismissal is fa

Jonathan Goldberg

14 hours ago3 min read

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