With an increase in substance abuse cases in the workplace, how are employers meant to deal with it? Should it be classed as misconduct or incapacity?
By Bradley Workman-Davies, Director, Nasheetah Smith, Senior Associate & Isabella Keeves, Candidate Attorney, Werksmans Attorneys
One of the challenges faced by most employers today is the increase in substance dependence by employees and the effect it has in the workplace. The critical question is whether an employer should treat such issues as misconduct or incapacity.
Using prohibited substances in the workplace would generally be considered misconduct. However, where an employee is dependent on a prohibited substance, an employer must treat this as a medical condition which requires special consideration.
Substance dependency is a serious matter that can impact every aspect of a person's life. One such area wherein substance dependency can create a host of consequences is that of a person's career.
Author's summary: Substance abuse in the workplace raises questions.