I tested positive for Cannabis at work. Can I lose my job?
When being tested for drugs (urine test, for example) many believe (incorrectly) that the urine is being tested for THC. So, you can’t test for THC that way. THC must be metabolized through the liver, and what is left thereafter is a completely inert chemical called THC-COOH. As it has already been metabolized (used), this chemical really just indicates use of that substance (THC) within a prescribed cut off period. The test cuts off at a certain point and can only really test for levels over 50ng/ml, which means that you could test positive for up to 90 days after last use (taking certain factors into account). Here is a court case outcome where somebody took their employer to the CCMA and won. Here is the summary of that CCMA court result.
Make sure to read our blog on the subject.
9 times out of 10, company policies are outdated or simply discriminatory. Is there even a drug/ Dagga clause in your work contract? You can take them to the CCMA!
There was a benchmark case where the Daily Maverick reported that: “…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” – https://www.dailymaverick.co.za/opinionista/2019-05-16-cannabis-testing-in-the-workplace-the-ccma-got-it-wrong/
Regardless of this, the CCMA has a history of standing by employees, so they are still seen as a possible aid in Cannabis related workplace issues, as the problem usually lies with the employer’s prejudice or dislike of the employee or lack of Cannabis knowledge rather than an outright policy breach (if it exists on paper), so lack of proper Cannabis regulation in South Africa is used as an excuse to manipulate or get rid of employees. As always it is most important that you MUST Know Your Rights as a Dagga user.
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