Alcohol in the Workplace: Legal Compliance and Employee Support

Introduction

There are occasions when an employee arrives at work with a noticeable scent of alcohol, which should not be ignored. In such cases, immediate termination of employment may not be the most prudent response, despite appearing justified at first glance, as there may be underlying issues that warrant further investigation.

Company Policies

It is advisable that a company should have a clearly communicated policy regarding alcohol consumption during working hours, both on and off company premises. Alcohol policies are typically tailored to each company’s specific requirements and standards due to their unique circumstances. If a company lacks a policy, it does not mean that alcohol consumption is permissible. Legislation exists that prevents alcohol consumption during working hours, and having an alcohol policy would benefit the company by reducing the complexity of these matters. Notably, such a policy can fairly discriminate between the rules governing employees with different work requirements.

Policies should not be so strict that employees with concerns are too fearful to come forward and seek assistance for fear of dismissal.

Legislation

Reference can be made to Item 10 of Schedule 8 of the Labour Relations Act, which states that alcoholism and drug abuse are not forms of misconduct but instead forms of incapacity. Consequently, applying a company’s disciplinary code can conflict with this legislation.

Schedule 8 of the Labour Relations Act recommends that in cases where it is known or suspected that an employee is dependent on alcohol or drugs, the situation should be addressed as an incapacity issue rather than through a misconduct procedure. The employer needs to attempt to assist the employee in actively overcoming their dependency. This approach should only be taken if it is clear that the employee wishes to be rehabilitated, which increases the likelihood of success.

Employee Support

If, according to the alcohol policy, an employee completes a rehabilitation program and then relapses, the program does not need to be repeated. Instead, a fair dismissal procedure can be initiated. It is essential to focus on assisting both parties involved.

The key question is: when should assistance be offered, and when should it not? A meeting involving all parties can be arranged. If the employee insists there is no problem and requests to cease further discussion on the issue, the employer can acknowledge this statement and act accordingly. However, if the issue is not addressed as previously stated, the appropriate procedures can be followed. Conversely, if the employee shows a reasonable chance of success and the need for help, rehabilitation may be offered. During the period of rehabilitation, it will be on a no-pay basis.

Conclusion

Companies are advised to keep all policies current and ensure that employees are thoroughly informed and trained regarding these policies, thus eliminating any uncertainty. Consequently, companies should actively promote adherence to these established policies. If you require assistance or advice on policies mandated by legislation for your company, please contact an attorney at SchoemanLaw.