CoCT ordered to reinstate officer dismissed over cannabis use, issue R500k backpay

The Labour Court has reinstated a Cape Town law enforcement officer after he was dismissed for cannabis use, awarding him R553,000 in backpay.

Keegan Mantis, a learner law enforcement officer, tested positive for cannabis use during a random workplace drug test in February 2023.

Following a disciplinary hearing in October 2023, he was dismissed.

Mantis challenged the dismissal through arbitration, and the Labour Court ruled that a positive test for cannabis alone does not prove impairment.

This is a landmark ruling with significant implications for the City of Cape Town’s zero-tolerance policy.

Thabang Rapuleng, director in the employment law department at Cliffe Dekker Hofmeyer, explained that the municipality argued that its zero-tolerance policy aids the fact that its employees may be required to carry firearms, drive official vehicles, or respond to emergencies.

“The court considered that there was no evidence at that time that the employee was under the influence of cannabis, and there was no evidence that the employee had a firearm at that particular time or was expected to drive an official vehicle.”

He explained that while the court accepted the city’s right to have a zero-tolerance policy and to conduct random drug testing, an employer must still provide evidence to justify dismissal.

“While the City was within its right to take disciplinary measures and even find the employee guilty, the issue is that when one looks at the totality of the facts, it did not justify the sanction of a dismissal.”

“Dismissal is the harshest sanction that one can issue, and there are various forms of other sanctions. The fact that something is misconduct does not automatically mean that it will lead to a dismissal," he said.

To listen to Rapuleng in conversation with CapeTalk’s John Maytham, use the audio player below: