Forklift driver challenges dismissal after positive alcohol test from cough mixture

A SIP of cough mixture the previous evening and two spoons of the same mixture on the morning before he went to work, was the subject of a prolonged legal wrangle between a forklift driver and his company, after he was at first fired for testing positive for alcohol consumption.

- ZELDA VENTER

The worker, only identified as Mr Tsamse by the Johannesburg Labour Court, was fired by Chill Beverages International, which has a zero tolerance for alcohol intake while at work.

The CCMA subsequently overturned his dismissal, but the beverages company now turned to the Labour Court to review the CCMA's finding.

Tsamse was employed by the company in June 2017 and served as a warehouse controller at the time of his dismissal for alleged gross misconduct after failing a breathalyser test.

The beverage company manufactures and distributes various beverages, some containing alcohol.

As a forklift driver, Tsamse had to transport raw materials, including bags weighing up to one ton of sugar or containers of up to 1000 litres of liquid ingredients.