Myrtle Clarke, Co-founder, Fields of Green for All
24/07/26, 11:00
The case between Barloworld and former employee Bernadette Enever, has been dragging on for months, even though the Labour Court ruled that her cannabis-related dismissal was unfair and awarded her R1 m settlement. Now the Constitutional Court has dismissed an appeal by Barloworld, saying that “impairment” is the key factor, not merely testing positive for cannabis.
This report from Fields of Green for All, published on 23 July 2024.
Monday, 22 July 2024 saw the Constitutional Court of South Africa dismiss an appeal lodged by Barloworld Equipment (Pty)Ltd in their case against former employee Bernadette Enever. This followed Ms Enever’s win in the Labour Court of Appeal in April 2024.
The crux of the matter is impairment and testing for Cannabis in the workplace (and in schools, but that is a discussion for another day). We all know that Cannabis stays in the body for weeks, that is why it is so good for our health. Urine tests do not indicate impairment.
It took four years of back and forth in the courts to establish this fact and force every single employer in South Africa to change their policies with regards Cannabis. Well done Burny!
We were so disheartened when we heard that Barloworld had lodged an appeal that we didn’t even share that news. When it comes to huge companies like that, you never know what their legal teams are going to come up with. Here at Fields of Green for ALL we are delighted that justice has prevailed, once again.
Thank you to ALL of our supporters who believe in our lengthy, protracted strategic litigation campaigns! Each and everyone of you has contributed to the changes that are taking place.
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Download the final Court Order here: Constitutional Court of SA Labour Court Appeal dismissed