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Don't Be Caught Off Guard: The Importance Of Having Company Policies On Alcolhol, Drugs And Harassment In The Workplace

Don't Be Caught Off Guard: The Importance Of Having Company Policies On Alcolhol, Drugs And Harassment In The Workplace

Author: Fawzia Khan
Date: 2023-12-25

If you are an employer, even if you operate a small business, you should have company policies in place which deals with two specific issues that could arise in the workplace. The first one is employees coming to work intoxicated or who are found to have alcohol or other narcotic substance in their blood stream. Your business should have a zero tolerance to this behaviour as it constitutes misconduct .

Your employees must be made aware of what the consequences would be if they came to work in that state. If there is no company policy in existence, no disciplinary action can be taken against that employee, as no rule broken as none was in place. If an employee has a drug or alcohol addition, measures can be put in place to allow for rehabilitation and monitoring of the employee. An employee who despite support from the Company is unable to remain clean and sober, then termination would be the natural acceptable result.

The other policy an employer company must have in place, deals with all forms of harassment in the workplace, including gender-based harassment, sexual harassment, racial/ ethnic harassment, workplace bullying and so on. An employer is expected to provide a safe working environment for their employees.In South Africa all forms of harassment is seen as a form of unfair discrimination as it constitutes a barrier to equity and equality in the workplace.

An employer can be held liable for damages suffered should an employee bring a harassment claim against a perpetrator, even if the employer was not aware of any misconduct by the perpetrator. Apart from co-workers, the company policy should extend relationships which the business has with all stakeholders,including the business suppliers, independent contractors, customers, clients,job seekers, volunteers.

An employer was found liable to compensate his domestic worker for damages arising from sexual harassment, when he engaged the services of a plumber who came into the home and made sexual advances towards the domestic worker, whilst the employer was away.

Don't be caught off-guard. Contact us to and we will assist you in drafting policies which works for your specific industry. The policies can be adapted for your particular business needs. It is both prudent and cost effective to have company policies in place. Contact Fawzia Khan & Associates and we will assist you so that your business, no matter how small it is, remains compliant and protected.

TheLaw Desk of Fawzia Khan and Associates. Giving YOU the Power of Attorney.Contact fawzia@thelawdesk.co.za or call 031-5025670 for legal assistance at competitive rates.

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