MRL3702 SEMESTER 1 AND 2 ASSINGMENT 1 SOLUTIONS 2021
Mthembu and others / NCT Durban Wood Chips [2019] 4 BALR 369 (CCMA)
Summary of the facts of the case (2)
The respondent conducts business in the wood and chip industry. Their work involves working
with large machinery and extremely dangerous vehicles coming in and out of the premises
throughout the day. The work floor is also fraught with danger. The product they work with are
large logs weighing between 30 and 100 kilograms which can cause fatalities.
Based on this there are in place safety rules to protect employees and the respondent. One of the
safety rules in place includes a Substance Abuse Policy advocating for a “zero tolerance”
approach towards substance abuse by the employees. The Policy was signed by all employees at
the commencement of their employment with the respondent. Out of this arises the present
dispute.
Mthembu and others / NCT Durban Wood Chips [2019] 4 BALR 369 (CCMA)
Summary of the facts of the case (2)
The respondent conducts business in the wood and chip industry. Their work involves working
with large machinery and extremely dangerous vehicles coming in and out of the premises
throughout the day. The work floor is also fraught with danger. The product they work with are
large logs weighing between 30 and 100 kilograms which can cause fatalities.
Based on this there are in place safety rules to protect employees and the respondent. One of the
safety rules in place includes a Substance Abuse Policy advocating for a “zero tolerance”
approach towards substance abuse by the employees. The Policy was signed by all employees at
the commencement of their employment with the respondent. Out of this arises the present
dispute.
