The matter of cannabis versus labour laws is due to come under legal scrutiny in the Labour Appeal Court, says a report in The Star.

Bernadette Enever, a former employee of Barloworld Equipment fired for using medicinal and recreational cannabis after work, will now appeal the decision.

The company had fired her, and the Johannesburg Labour Court agreed that the dismissal was fair. 

But Enever has successfully applied for leave to appeal against the ruling.

Enever did not use cannabis at work but in her own time at home. However, the substance was still in her blood when her employer conducted a drug test on her.

Acting Judge Mokosho Ntsoane earlier ruled that Barloworld was correct when it fired Enever.

But following her application for leave to appeal, the judge found that another court should perhaps take another look at the issues.

He said Enever had shown reasonable prospects that another court could come to a different conclusion.

‘There are legitimate disputes on the law raised, and there are also unusual issues which deserve the attention of the Labour Appeal Court,’ the judge said.

Full report in The Star