BUSINESS NEWS - If an employer imposes a zero tolerance policy for being under the influence, it includes your lunch break, although you are not paid for it and it is not considered as time at work.
“Your lunch break is unpaid time and is the employee's own time – you can read a book or go shopping, but you are looking for trouble if you enjoy an alcoholic drink in your lunchtime in your uniform, knowing the employer has a zero tolerance policy in place,” says Martlé Keyter, Chief Executive Officer of MISA, the Motor Industry Staff Association.
Solani Manzini, one of MISA’s Senior Labour Advisors in the Legal Department, had to defend two general workers, suspended after being caught on a CCTV camera having a few sips of a Savannah Cider and a Mayfair Gin.
“While on lunch, the two ladies bought the drinks at a Spar Tops before ordering KFC. They sat in the KFC sipping their drinks. A security guard saw them in their uniform and alerted their manager.
“Back at work, both ladies had to do a breathalyzer test, but the results were negative. The employer permitted the employees to immediately resume their work. After obtaining the CCTV a few minutes later from the KFC, the employer decided to suspend them until the hearing.”
According to Manzini the implementation of the zero tolerance policy in working hours is of great contention in this case. The ladies were not drinking on duty.
Furthermore, the employer’s policy for being under the influence of alcohol is linked to testing positive during a breathalyser or blood test. This was not the case.
“The ladies were not intoxicated when they returned to work. They were honest in saying that they had a few sips to digest their food.
“MISA accepts that their actions, drinking alcohol in public while wearing their uniform, may be frowned upon but as it reads now, the rules and policy of the employer is too vague,” says Manzini.
The ladies were found guilty. MISA is awaiting the outcome of their sanction.
Issued by Sonja Carstens, Manager of MISA's Media & Communication Department, on behalf of the Union.
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