Pretoria - An employee who worked for PetroSA for 14 years and then took up a programme in traditional healing, turned to court after he tested positive for cannabis and was not allowed on site until his test results proved to be negative.
Fundo Marasi told the Labour Court in Cape Town, that subsequent to his positive test results, he was on paid annual and sick leave. He claimed he was then suspended without pay for three months.
He claimed damages in the amount of R250 000 for the impairment of his dignity, past medical expenses and emotional distress. He also asked for an order that the Alcohol and Substance Abuse Policy at the company be reviewed.
Marasi claimed that he was unfairly discriminated against on the basis of his culture.
PetroSA’s core business is the exploration and production of oil and gas and the participation in local and international petroleum ventures. Its Mossel Bay facility operated one of the largest gas-to-liquid refineries in the world.
It said, given the nature and the scale of the operation, strict adherence to the processes for entry to and operation in the refinery is required to ensure the safety of all employees on site.
All employees at the refinery are subjected to an annual medical assessment and ad hoc inspections, to ensure their fitness for duty and that no intoxicating substances are brought into the refinery, as well as random individual and group drug testing.
All employees are breathalysed daily prior to being permitted entry to the refinery. These procedures contribute to protecting the safety of all of PetroSA’s employees.
Testing is conducted in accordance with PetroSA’s Management of Alcohol and Drug Abuse at PetroSA Workplace Policy.
Marasi disputed whether urine testing in relation to cannabis can determine whether a person is inhibited from performing their functions. He also argued that the policy is outdated.
Marasi testified as to his calling to become a traditional healer and said: “I informed my employer about my calling as a traditional healer in 2015 after an annual drug test.”
He requested to be transferred to PetroSA in Mossel Bay for 18 months in order to complete his cultural training at the traditional school.
“I informed my employers that my training involves the usage of cannabis, and that such calling can only be refused, at great peril to the incumbent.”
His transfer was approved and he moved from Parow to Mossel Bay. On arrival at Mossel Bay he was requested to submit to a drug test.
He said he was suspended from work on the grounds that the concentration of THC cannabinoids in his system exceeded the prescribed company limit.
He argued that an employee should not be immediately barred from entry when an impermissible amount of an intoxicating substance is found in their system.
The court commented that this is an “absurd view.”
It was also found that the barring of Marasi from the plant at Mossel Bay, did not constitute a “suspension” and thus an unfair labour practice.
The court found that he had applied for sick and annual leave for the period he was unable to enter the workplace and that he was treated with respect and sensitivity in his journey as traditional healer.
“It appears that his journey contributed to a greater awareness of his culture on the part of his employer. I fully expect he will continue to educate those he interacts with on his calling and the use of cannabis in relation thereto,” Judge H Rabkin-Naicke said in turning down his claim.
Pretoria News