That cough syrup may get you fired

Taking medication for flu and colds could breach companies' no-alcohol-in-the-workplace policies

- Anelisa Zungu & Richard Brown

It's flu season; fevers are making the rounds and medicine sales are on the rise.

That said, do you read the labels of the medication you consume? If not, beware — what you swallow to feel better today could cost you your job tomorrow.

A recent case heard by the labour court yields a cautious reminder when taking over-the-counter medication (or, in this case, medication from a neighbour) containing alcohol.

The third respondent in this case was employed by the applicant, Chill Beverages International, first as a forklift driver and then as a warehouse controller from June 2017. On 20 May 2023, he was dismissed for alleged gross misconduct after failing a breathalyser test despite his clean disciplinary record and the absence of any alcohol misuse.

Chill Beverages manufactures and distributes various beverages, some of which contain alcohol. The company has implemented an alcohol, drug and substance abuse policy and all employees are subjected to a breathalyser test when entering or exiting the factory. The policy prohibits employees from using any alcohol during work or within six hours before the start of their shift. It is therefore self-evident that high levels of alcohol in one's bloodstream would automatically lead to a disciplinary hearing and possible dismissal.

On the day of his dismissal, the employee was an hour late to work. He had to undergo the breathalyser test several times with multiple devices to ensure that the initial device was not faulty. The employee then ate in the canteen before being retested. He failed once more.

The employee said in a statement that he took medication that he was unaware contained alcohol. Indeed, the employee was said to not have smelt of alcohol or shown signs of intoxication. He had never faced any disciplinary action in the six years he had worked at Chill Beverages. Despite this, the employee was dismissed for alleged gross misconduct.