It is the time of year when many employers are planning or hosting their year-end or award functions and whether this is on- or off the company premises, it often involves the consumption of alcohol. Alcohol at work functions can lead to unintended consequences which last long after the fun and even the effects of the alcohol have faded.
Many employers may be concerned about the recent Constitutional Court judgment which declared that South Africans now have the right to cultivate, be in possession of, and use cannabis, in private, although the term “in private” has not yet been clearly defined. As an employer, you need not be overly concerned.
Employers are within their rights to place newly appointed employees on probation in order for new recruits to prove themselves. Probationary employment is also specifically provided for in Schedule 8 of the Labour Relations Act, Code of Good Practice: Dismissal (the Code).
Can an employee tender his resignation of his own accord and then later claim he was unfairly “dismissed”?