Substance abuse as an incapacity issue
Update: 2025-10-28
Description
In this episode of CDH Conversations, Senior Associates Taryn York, Lee Masuku and Associate Sashin Naidoo in the Employment Law practice, discussed substance abuse as an incapacity issue in the workplace, emphasising the importance of distinguishing between misconduct and incapacity due to addiction.This distinction was illustrated by the Labour Court's decision in PSA obo Van Wyk v Department of Social Development: Western Cape Provincial Government and Others, where an employee's dismissal was found to be unfair because the employer failed to treat his absenteeism due to alcoholism as misconduct as opposed to a medical condition requiring reasonable accommodation.
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