Labour and HR Club Q&A
Attention employers: From the Department of Labour

You MUST display a summary of the Basic Conditions of Employment  Act and Employment Equity where all employees can see it. This is a mandatory notice for all employers, no matter how many people you employ – 1 or 100!
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"SMOKING IN A NON-SMOKING AREA"

I am busy officiating in an internal disciplinary hearing regarding a matter where an employee has pleaded guilty to smoking in a non-smoking area. The employer is an engineering workshop, and they have designated their entire premises as a non-smoking zone. The area where the employee was found to be smoking was in the open air, close to where disused oil drums are stored awaiting recycling.

The company's disciplinary code recommends Dismissal for such transgressions.

Can you direct me to any relevant case law regarding such transgressions, or failing that, give me a view on what the prevailing practice is for transgressions of this nature.

Many thanks.

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  • Safety

tjklein
 User  tjklein asked at 02 Nov. 2017

 

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