Employers’ responses to alcohol addiction in South Africa: the role of the legislative framework

Abstract

Alcohol addiction in South Africa is a growing concern affecting many individuals in their personal and professional lives. The impact of substance abuse on the workplace is immense and as such there is a need for employers to understand their roles, rights, and obligations in dealing with employees suffering with alcohol addiction. This paper considers the definition of substance abuse, how it manifests itself in the workplace, and how employers can establish whether an employee is an alcohol dependent user. The paper also discusses the obligations of employers in respect of managing cases of alcohol dependence, with reference to relevant case law and legislative provisions. The paper addresses the differences between misconduct in respect of social drinkers and incapacity in respect of employees suffering with alcohol addiction. The paper discusses the views of the International Labour Organisation and provides an overview of the South African legislative framework under the Labour Relations Act, the Employment Equity Act, and the Prevention of and Treatment for Substance Abuse Act. The paper goes on to identify the gaps between the ILO’s recommendations and South African law and suggests mechanisms to close these gaps. If South Africa is to take effective steps to guard against alcohol abuse and to ensure that the rights of employees are adequately protected, the introduction of a framework to assist employers in managing issues of alcohol addiction is paramount. Ensuring greater synergy between the recommendations of the ILO and the South African legislative framework is an important, and achievable, first step