In the groundbreaking court case of Barloworld vs Bernadette Enever, justice prevails for workers’ rights in South Africa.
The dismissal of an employee for a positive Cannabis test — without evidence of impairment — has been overturned, setting a legal precedent that upholds human dignity and freedom from discrimination.
We salute Burny for her tenacity in seeing this through to get what she deserves. Justice.
Thanks go to Pierre van der Merwe of HBGSchindlers Attorneys and Advocate Malcolm Lennox. Also to the bench of judges at the Labour Appeal Court in Johannesburg, Thank you for a solid judgment that does so much more than uphold our rights in the workplace. This will have implications for each and every member of our Cannabis community in the years to come.
Barloworld has 30 days in which to launch an appeal at the Constitutional Court. Let’s see if they will do that in the face of what the judges have written?
Download the full judgment here
This decision is a beacon of hope for the lowest-paid workers in mining and manufacturing industries, often unjustly targeted by outdated workplace policies. Join us in celebrating this triumph for equality (after the 30 day appeal window) and stay tuned for more updates on our journey towards Fields of Green for ALL.
This os a grate brake through for the people
Good day, I am very glad with the outcome of your case.
What does this judgement entail for companies that still use a zero tollerance policy regarding testing for drugs?
Can a company still insist you are under the infuence/ impaired if you test positive for thc during a urine test?
Hi There, Impairment needs to be proven. THC can take up to 3 months to leave the body. This does not mean one is impaired. This will take time but the barloworld case will set precedent hopefully.
Well done. Burny. You deserve it – You have been a hardworking and loyal employee all these years and did not deserve to be blatantly dismissed.
Dankie x … jy weet mos 😀
A glorious day indeed .. it will be a suspenseful 30 days ahead, but still a great impact on the rights for workers in SA !