Cope with the cannabis ruling

● Many employers were concerned about the Constitutional Court ruling that the private cultivation and private consumption of cannabis is not a criminal offence. The change has been unsettling for some companies, with reports of an increase in incidents of possession and use of cannabis at work.

Norton Rose Fulbright labour lawyer Jonathan Jones says understanding the rights of employers and employees is one way to avoid unnecessary disruption. He has the following advice:

● The cultivation, possession or use of cannabis in the workplace remains illegal. “The use of cannabis is restricted to the private space of the individual only.”

● Employees who come to work high can be disciplined, especially if this may result in occupational safety concerns;

● Make sure all managers and workers understand what is acceptable to avoid any misunderstanding;

● Update all employment policies to state that the cultivation, sale, possession and use of cannabis in the workplace is prohibited, as is being high at work; and

● A clear testing policy, along with the means to test employees, should be put in place, followed by educating employees on the policy. — Margaret Harris