Article by: Durban Attorney: FAWZIA KAHN NAME
No policies? Big problem.
If you run a business—big or small—flying without workplace policies is a legal risk you can’t afford. Two areas, in particular, demand zero ambiguity: substance abuse and harassment.
First: intoxication on duty.
Employees arriving at work under the influence of alcohol or drugs? That’s misconduct—full stop. But here’s the catch: if you don’t have a clear, written policy spelling this out (and the consequences), your hands are tied. No rule = no breach = no disciplinary action.
A solid policy sets the tone: zero tolerance, clear testing rules, and defined penalties. At the same time, it should allow room for support—rehabilitation and monitoring for employees battling addiction. But if support fails and the behaviour continues, dismissal becomes a fair outcome.
Second: harassment in all its forms.
Sexual harassment, racial abuse, bullying, gender-based misconduct—none of it belongs in the workplace. In South Africa, harassment isn’t just bad behaviour; it’s unfair discrimination and a direct threat to workplace equality.
Employers have a legal duty to create a safe working environment. Ignore that, and you could pay the price—literally. You can be held liable for damages even if you didn’t know the misconduct was happening.
And it doesn’t stop with employees. Your policy must cover everyone your business interacts with—contractors, clients, suppliers, even job applicants.
Real-world example? An employer was held liable when a plumber he hired sexually harassed his domestic worker—while he wasn’t even home. That’s how far responsibility extends.
The takeaway:
Policies aren’t paperwork—they’re protection. Without them, your business is exposed. With them, you’re covered, compliant, and in control.
Don’t wait for a crisis to realise what you’re missing. Get the right policies in place—and make sure they actually work for your business.
For more information, please visit our website thelawdesk.co.za or give us a call on 031-5025670
