ZRp represented MASWINGs at the Industrial Court. In this case, the Claimant/ex-employee was employed by our client MASWINGs as Co-Pilot. The Claimant underwent a random urine screening test and tested positive for drugs. Subsequently, MASWINGs issued a letter to the Claimant to show cause on why disciplinary action should not be taken against him. Unsatisfied with the explanation, MASWINGs dismissed the Claimant. The Industrial Court after considering all the circumstances of the case, including the nature of the act of misconduct, i.e. tested positive for drugs, the Claimant's job functions and the Company's strict policies on drug abuse, was of the view that it is unreasonable to expect the Company to have continued his employment.
Partner, Ms Jacinta Johnson handled this case.