Alcoholism in the workplace
An employee constantly arrives to work with the smell of alcohol on his breath. Your disciplinary code states that this is a form of misconduct and the employee should be progressively disciplined.
The above scenario is not always seen as a hard and fast rule, as Schedule 8 of the Labour Relations Act states that alcohol and drug dependencies are seen to be as a form of incapacity and therefore cannot be dealt with in terms of the disciplinary code of the company.
If an employee has a dependency problem, the employer is obliged to assist and guide the employee on his / her condition. As a result of this, the employee cannot be disciplined in terms of the disciplinary code of the company.
The employer, however, is not obliged to assist an employee who does not suffer from an alcohol dependency problem. In this case, the employee shall make himself guilty of misconduct and be disciplined according to the company’s disciplinary code