WORKWISE | Employer's intoxication claim falls short in Labour Court

The Labour Court has dismissed an application by Unilec SA to overturn a CCMA award that ruled a worker's dismissal for alleged workplace intoxication was both procedurally and substantively unfair. Reaffirming that the burden of proof rests entirely on the employer, the court emphasised that mere suspicion cannot replace verified, objective evidence. The employee, who had arrived at work solely to consult the company doctor due to illness, was booked off sick by two separate practitioners, neither of whom detected signs of intoxication. With Unilec failing to produce blood or breathalyser test results during arbitration, the court dismissed the review and ordered the company to cover the worker's legal costs.