Breach of Policy or Fair Refusal? Lessons from Recent Intoxicants Case Law

Often, a breach of the intoxicants policy can result in disciplinary processes on the grounds of gross or other misconduct. The finding of drug/alcohol use in the workplace, following the proper procedures, can also lead to a decision to dismiss. Some recent cases, as set out below, discuss how the right to bodily integrity, a zero-tolerance stance and the duty to properly investigate can impact a decision in the WRC.