Ivan Israelstam | Chief Executive | Labour Law Management Consulting | mail me |
While alcohol-related offences can sometimes merit dismissal, this is not always the case.
For example, where the employee has clinically been shown to be an alcoholic, treatment rather than punishment should be implemented. This is due to the employee’s incapacity. However, incapacity is not the only factor that could render such a dismissal unfair.
Even where no addiction exists, employers must ensure that a dismissal is merited based on the specific circumstances of each case. This applies even in workplaces where zero tolerance of alcohol is required.
Court findings and reasoning
In the case of Chill Beverages vs Association of Mineworkers and Construction Union (AMCU) (Lex Info 14 July 2025, Labour Court case number C 160/2024), a forklift driver working in a zero-tolerance warehouse environment failed to dispute that he had alcohol in his bloodstream. He was fired for this offence.
The Labour Court found that the employee had shown no signs of intoxication. The employee also had an excellent six-year employment record. He explained that he had taken a cough mixture that morning and was unaware it contained alcohol.
The Court therefore upheld both the arbitrator’s finding that the dismissal had been unfair and the remedy of reinstatement with backpay. This case demonstrates that dealing with alcohol in the workplace can be like walking on a tightrope. Employers must carefully balance policy enforcement with fairness.
Implications for employers
All employers are advised not to assume that zero tolerance is a licence to fire. Since management makes costly decisions, such as wrongly firing apparent offenders, proper training is crucial.
Employers must train all managers on how the law views zero-tolerance circumstances. Managers should also learn how to decide on a fair response to each unique case involving alcohol at the workplace.
Failure to do so could turn policy enforcement into an exercise similar to managing alcohol and tightropes, where one wrong step has serious consequences.
Best practices for workplace policy
Employers should establish clear guidelines and ensure that managers understand them. Context matters: the presence of alcohol does not automatically justify dismissal. Each case should be assessed individually.
Educating managers about potential scenarios ensures that decisions are legally compliant and fair. Properly managed, zero-tolerance policies can protect the workplace while avoiding unfair dismissals. However, like navigating alcohol and tightropes, careful judgment is required at every step.
