A Landmark Labour Court Victory for Workers’ Rights and Dignity

By |Published On: April 23rd, 2024|

In the groundbreaking court case of Barloworld vs Bernadette Enever, justice prevails for workers’ rights in South Africa.

The dismissal of an employee for a positive Cannabis test — without evidence of impairment — has been overturned, setting a legal precedent that upholds human dignity and freedom from discrimination. 

We salute Burny for her tenacity in seeing this through to get what she deserves. Justice.

Thanks go to Pierre van der Merwe of  HBGSchindlers Attorneys and Advocate Malcolm Lennox. Also to the bench of judges at the Labour Appeal Court in Johannesburg, Thank you for a solid judgment that does so much more than uphold our rights in the workplace. This will have implications for each and every member of our Cannabis community in the years to come.

Barloworld has 30 days in which to launch an appeal at the Constitutional Court. Let’s see if they will do that in the face of what the judges have written?  

Download the full judgment here

This decision is a beacon of hope for the lowest-paid workers in mining and manufacturing industries, often unjustly targeted by outdated workplace policies. Join us in celebrating this triumph for equality (after the 30 day appeal window) and stay tuned for more updates on our journey towards Fields of Green for ALL.

Thank you to our FGA Affiliates who help to make our ongoing content creation possible!

Thank you to our FGA Affiliates who help to make our ongoing content creation possible!


About the Author: Charl Henning

I have worked at Fields of Green For All and Stop The Cops since 2014. Apart from day to day admin I also man our helpline and support victims of arrest.

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  1. Stok April 28, 2024 at 4:42 pm - Reply

    Good day, I am very glad with the outcome of your case.

    What does this judgement entail for companies that still use a zero tollerance policy regarding testing for drugs?
    Can a company still insist you are under the infuence/ impaired if you test positive for thc during a urine test?

    • Ami June 4, 2024 at 10:40 am - Reply

      Hi There, Impairment needs to be proven. THC can take up to 3 months to leave the body. This does not mean one is impaired. This will take time but the barloworld case will set precedent hopefully.

  2. Ansie Bezuidenhout April 23, 2024 at 7:46 pm - Reply

    Well done. Burny. You deserve it – You have been a hardworking and loyal employee all these years and did not deserve to be blatantly dismissed.

    • Burny Enever April 23, 2024 at 9:50 pm - Reply

      Dankie x … jy weet mos 😀

  3. Burny Enever April 23, 2024 at 3:58 pm - Reply

    A glorious day indeed .. it will be a suspenseful 30 days ahead, but still a great impact on the rights for workers in SA !

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