
LABOUR LAW
To report for duty under the influence of alcohol or unprescribed drugs is an act of misconduct in Zimbabwe. Similarly, an employee consumes alcohol or unprescribed drugs whilst on duty within the work premise commits an act of misconduct. It is not part of the law in Zimbabwe to dismiss an employee over alcohol and substance abuse. However, where an employee is found to be intoxicated or impaired during working hours on the premises or where an employee who operates or works with heavy and dangerous machinery is found to be intoxicated or impaired such acts constitute misconduct and warrant dismissal of an employee. see Marasi v Petroleum, Oil and Gas Corporation of South Africa (SOC) Ltd (2023) 44 ILJ 2261 (LC).
The fact that an employee is engaged in the office and primarily has an office desk job and does not have to operative with any heavy or dangerous machinery, is not a defence. The issue of alcohol and substances abuse is on the rise in Zimbabwe, and employees should take heed that alcohol and substance abuse constitute an act of misconduct in Zimbabwe which may warrant dismissal. see Enever v Barloworld Equipment South Africa, A Division of Barloworld South Africa (Pty) Ltd (2024) 45 ILJ 1554 (LAC).
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