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On 1 June 2022 the Labour court ruled that the dismissal of an employee for testing positive for Cannabis present in her body was lawful. Fields of Green for ALL has been following the case and Barloworld (the employer), argued that Bernadette Enever, the employee, can be fairly dismissed due to testing positive for Cannabis.
However, On 22 July 2022 the application for leave to appeal the matter was granted. This is good news for everyone who uses Cannabis in South Africa and a significant development in our quest for evidence-based Cannabis policy and cognitive liberty a pivotal human right within broader drug policy.
The Appeal was heard on 1 November 2023 and we await judgment.
Judge Dunstan Mlombo: We have encountered Judge Mlombo many times over the years through our StopTheCops work in achieving numerous Stays in Prosecution in the North and South Gauteng High Courts, over which he presides. Judge Basheer Waglay: Judge President of the Labour Appeal Court Judge Dennis Davis: Legendary Western Cape High Court judge and TV personality, Judge Davis delivered the historic “Privacy” judgement in Cape Town in March 2017. No stranger to Cannabis issues, we have to ask ourselves whether the obvious clash between our Constitutional rights and workplace testing is something that is also obvious to Judge Davis?
Judgment is reserved in the case of Bernadette Enever vs Barloworld Equipment South Africa. The long-awaited hearing of Burny Enever’s case in the Labour Court of Appeal in Johan
Shout out to ALL the brave activists out there who fight on for the important issues that still plague our community. Employees are still being fired EVERY DAY in South Africa for
Many of us in the Cannabis space are reasonably cautious about what is presently happening with the draft Cannabis for Private Purposes Bill (B19-2020). This is partly because the
The Portfolio Committee on Justice and Correctional Services for drafting the Cannabis for Private Purposes Bill (B19-2020) has announced another round of Public Comments. W
The new bits of paper flying about wildly this past month on the winds of change have us ALL paying close attention. Are these Cannabis Policy Reforms for good – or are they
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