Cope with the cannabis rul­ing

Sunday Times - - Careers -

● 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

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